Tim Elliott
Welcome to Lawgical, the UAE’s first and only legal podcast. My name’s Tim Elliott. Lawgical comes to you from HPL Yamalova & Plewka, the Dubai-based legal firm. And as ever, the managing partner is Ludmila Yamalova. Good to see you.
Ludmila Yamalova
Good to be here, Tim. Thank you.
Tim Elliott
This time, advertising in the United Arab Emirates. Ludmila, lots and lots to unpack here. What you can and can’t do in advertising in the UAE.
It’s a nation with a thriving advertising industry, wouldn’t you say? It’s very much the center of the ad industry in the GCC, particularly Dubai. All the big names are here—print, TV, radio, digital, outdoor—you name it, they’re all here doing it.
Ludmila Yamalova
Indeed. As you rightly said, it’s a complex legal framework. There’s no single overarching advertising law, and that’s for several reasons.
First, the UAE is a federation of seven Emirates. At one level, federal laws govern the entire country, including all the Emirates. At another, certain laws are specific to individual Emirates. This is certainly the case for advertising.
Some federal laws apply to advertising broadly, while specific regulations, decrees, and decisions pertain to individual Emirates.
Tim Elliott
So, it’s not just one set of rules; there are layers?
Ludmila Yamalova
Exactly. There are various types of laws that come into play. For example, we have:
- Federal Law Number 15 of 1980 on Publications and Publishing.
- Emirates-specific laws, like Fujairah Law Number 1 of 1994 on Promotional Campaigns.
- UAE Cabinet Decisions, like Decision Number 7 of 2007 on Health Advertisement Regulations.
- Local orders, such as Dubai’s 2003 law on public health and safety.
Additionally, there are more recent laws like the 2018 regulations on influencers and the updated cybercrime and crime and punishment laws of 2021, which came into effect in 2022.
Tim Elliott
It’s fascinating but sounds a bit like a minefield. How does one navigate this?
Ludmila Yamalova
You’re right—it can be overwhelming. Beyond the specific advertising laws, other legal frameworks also apply, such as criminal laws, cybercrime regulations, and public decency standards.
Adding to the complexity is the UAE’s rapid evolution. Laws from the 1980s, for example, may not be entirely relevant today. This means it often comes down to the specific industry, the nature of the advertising, and the medium used.
To simplify, in 2020, the UAE introduced Advertising Standards. While not a binding law, these serve as guidelines to consolidate key principles, such as respecting religious, cultural, and social values, ensuring impartiality and truthfulness, and protecting individual privacy.
Tim Elliott
What are some of the key prohibited areas?
Ludmila Yamalova
The Advertising Standards explicitly prohibit:
- Advertising alcohol, tobacco, or banned substances.
- Using words or images that breach public morals.
- Content prejudicial to children or women, or inciting hatred or violence.
- Misleading or false advertising.
Additionally, all advertisements must now be presented in at least two languages, including Arabic.
Tim Elliott
And who regulates all this?
Ludmila Yamalova
It depends. For general advertising, the Media Regulatory Office (MRO), part of the Ministry of Culture and Youth, serves as the overarching body.
However, industry-specific advertisements often require approvals from other authorities. For example:
- Education: KHDA or the Ministry of Education.
- Health: Ministry of Health.
- Outdoor Advertising: Dubai Municipality or RTA for vehicle-based ads.
- Events: Relevant authorities in charge of the venue or event.
Permits are usually required, and approvals often vary by Emirate and industry.
Tim Elliott
Let’s take a real-world example. What if we wanted to advertise this podcast, Lawgical, on Sheikh Zayed Road?
Ludmila Yamalova
We’d need to start with Dubai Municipality for billboard advertising approvals. Since the content involves legal services, additional approvals might be needed from other authorities, like RTA for vehicle-based ads or DED for business-related advertising.
Interestingly, we’ve faced similar challenges. For example, when we advertised Lawgical on an office car, we had to undergo a rigorous approval process. A few years later, the rules changed, and personal names were no longer allowed on such ads.
Tim Elliott
So, even the rules evolve rapidly.
Ludmila Yamalova
Absolutely. The UAE’s advertising regulations are dynamic and adapt to new technologies and cultural shifts. It’s crucial to stay updated and work within the framework while respecting the country’s values.
Tim Elliott
Advertising in the UAE—a fascinating and intricate topic. That’s another episode of Lawgical.
Our legal expert, as always, is Ludmila Yamalova, managing partner at Yamalova & Plewka. Thank you, Ludmila.
Ludmila Yamalova
Thank you, Tim.
Tim Elliott
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