Tim Elliott
Hello and welcome to Lawgical, wherever in the world you are listening. This is the regular weekly podcast from the Dubai-based law firm HPL Yamalova & Plewka, and it remains the Gulf region’s first and only legal podcast. A weekly opportunity to consider legal questions particular to the United Arab Emirates. I’m Tim Elliott, and I’m here at the firm’s offices on the 18th floor of Reef Tower in Jumeirah Lakes Towers with the managing partner, Ludmila Yamalova. Good to see you again.
Ludmila Yamalova
Good to see you as well, as always.
Tim Elliott
In this edition, we’re discussing the legal basics we all should know but perhaps don’t. The theme? Ignorance is no excuse. We’ll get into why that’s the case shortly.
Recently, Ludmila, we covered some of what we’re going to discuss today in a different way during a podcast we called Top Tips for Tourists in the UAE. That discussion touched on dress codes, beachwear, public displays of affection, and more. Listeners can find that episode on the LY Lawyers website or wherever they get their podcasts.
Today, though, I want to focus on topics that even long-term UAE residents, like you and I, might not be too sure about. Let’s jump straight in.
Tim Elliott
Crossing the street or walking on the road without regard for traffic – otherwise known as jaywalking. How is that viewed in the UAE?
Ludmila Yamalova
Unsurprisingly, jaywalking is an offense here, just as it is in many other countries. When you cross the road where you’re not supposed to, you create hazards for yourself and others, particularly drivers. The UAE takes this seriously, and jaywalking is penalized with fines.
Shockingly, some individuals still jaywalk across highways like Sheikh Zayed Road. This is not only illegal but extremely dangerous. The law also penalizes attempted jaywalking – for example, if someone steps onto the road but backs off when they realize it’s unsafe.
Tim Elliott
People often complain that drivers don’t stop at pedestrian crossings.
Ludmila Yamalova
That’s true. Many drivers fail to respect pedestrian crossings, but it is a traffic violation. The authorities are policing this more closely, so we’re starting to see drivers held accountable for such behavior.
Tim Elliott
Frustration while driving can lead to inappropriate hand gestures. How is this viewed legally?
Ludmila Yamalova
Inappropriate hand gestures are not tolerated in the UAE. They are considered criminal offenses under the penal code. Depending on the gesture, the penalties can include fines, jail time, and even deportation. Tourists and residents alike should avoid gestures that could be deemed offensive.
Tim Elliott
What about swearing or using abusive language in public?
Ludmila Yamalova
Swearing or using offensive language can result in criminal charges. The offended party doesn’t need to prove harm – simply feeling offended is enough. Convictions can lead to fines, which typically start at AED 1,000, and leave a permanent misdemeanor on your record.
Tim Elliott
Littering is a universal issue. What’s the legal stance here?
Ludmila Yamalova
Littering is illegal and subject to fines, though the amount depends on the emirate. As we approach Expo 2020, authorities have increased efforts to deter littering and maintain public cleanliness.
Tim Elliott
Is there a legal framework around photography in public spaces?
Ludmila Yamalova
Yes. Photographing people without their consent is illegal. Additionally, taking photos of certain locations, such as airports, government buildings, and military sites, is prohibited. Tourists must be mindful, especially when photographing public spaces, as unintentionally capturing someone in the frame can lead to complaints.
Tim Elliott
Fundraising seems strictly controlled in the UAE. Why is that?
Ludmila Yamalova
Charitable activities, including fundraising, require specific government approval. Unauthorized fundraising, even for legitimate causes, can lead to severe penalties. Always check licenses before donating or collecting funds.
Tim Elliott
What are the consequences of sharing someone’s personal or private information?
Ludmila Yamalova
Sharing someone’s private information without their consent violates privacy laws. It can lead to criminal charges, even if no harm is proven. In some cases, victims may also pursue civil claims for damages.
Tim Elliott
Is washing your car in public spaces, such as parking lots, allowed?
Ludmila Yamalova
No, it is prohibited. Public car washing can be considered littering or a public nuisance. It’s best to use designated car wash facilities.
Tim Elliott
Here’s an unusual one – could passing gas in public ever be considered a criminal offense?
Ludmila Yamalova
There’s a well-known urban legend about this, but technically, if someone finds it offensive and believes it was intentional, they could file a complaint. However, proving intent would be challenging.
Tim Elliott
As with anywhere in the world, the argument “I didn’t know” doesn’t hold up. Ignorance is not an excuse, is it?
Ludmila Yamalova
No, it’s not. In the UAE, being culturally sensitive and informed about local laws is essential. Dubai is incredibly welcoming, but it’s still a culturally nuanced place. Always pause and think before acting, especially if you’re unsure.
Tim Elliott
Ludmila Yamalova, managing partner at Yamalova & Plewka, thank you for your insights.
Ludmila Yamalova
Always a pleasure, Tim.
Tim Elliott
That’s another edition of Lawgical. For legal questions or consultations, visit lylawyers.com, find us on social media, or WhatsApp us at +971 52 525 1611.