Pornography in the U.A.E.

Тим Эллиотт
Welcome to Lawgical, the UAE’s first—and as far as we know, still the only—legal podcast from here in the Emirates. My name’s Tim Elliott. Lawgical comes to you from the Dubai-based legal firm, HPL Yamalova & Plewka. And as ever, here is Ludmila Yamalova, the managing partner. Great to talk to you.

Людмила Ямалова
Great to be here, Tim.

Тим Эллиотт
This time, Ludmila, it’s pornography. That’s the topic we’re going to be discussing. And for a podcast on a topic like this, I guess it’s a good idea to start with the definition. How is pornography defined under the law here in the Emirates?

Людмила Ямалова
Well, pornography per se doesn’t have a specific definition. The definition is essentially pieced together from provisions that address actions considered illegal under the law.

At a high level, pornography in the UAE is broadly defined as anything against public morals. Since it is deemed against public morals, pornography is illegal. It falls under specific laws, including the Crime and Punishment Law and the Cybercrime Law.

The UAE takes a strict approach to regulating and punishing pornography, especially compared to other jurisdictions. Different activities cumulatively comprise the definition of pornography, but ultimately, it refers to illegal content against public morals.

For example, anyone who creates, manages, or supervises a website hosting such illegal content is considered to be engaging in pornography. Illegal content is broadly defined as material against public morals, making the definition expansive.

Тим Эллиотт
So, essentially, anything against public morals. The authorities are clearly working to halt the dissemination of what they term pornographic material. If you do disseminate such illegal content, the legal measures are, I would assume, stringent?

Людмила Ямалова
Yes, absolutely. At least two laws address pornography in the UAE. To give it a framework:

1. Pornography disseminated digitally falls under the Cybercrime Law (Federal Law No. 34 of 2021), which came into effect on January 1, 2022.
2. Non-digital forms of pornography fall under the Crime and Punishment Law, which also came into effect on January 1, 2022.

The penalties depend on which law applies. For instance, the Cybercrime Law imposes more severe penalties because digital dissemination has a broader impact.

Тим Эллиотт
What are some examples of these penalties?

Людмила Ямалова
Under the Cybercrime Law, anyone disseminating illegal pornographic content through digital means faces:

• Imprisonment,
• A fine of not less than AED 250,000 and up to AED 500,000,
• Or both.

For non-digital dissemination, penalties under the Crime and Punishment Law may be less severe. This reflects the relative societal impact; digital transmission can reach a far broader audience, posing greater risks.

Тим Эллиотт
Are the laws specific about activities considered illegal?

Людмила Ямалова
Yes. While the definition of pornography is broad, the laws are specific about illegal activities, including:

• Creating, managing, or supervising a website hosting pornographic content.
• Transmitting, sending, publishing, or displaying pornographic material through digital means.

For example, forwarding a pornographic email or showing explicit content on your device to someone else—even inadvertently—can be considered illegal.

Тим Эллиотт
Even something as casual as forwarding an explicit image in a “funny, ha-ha” context could contravene the law?

Людмила Ямалова
Exactly. Even showing someone explicit content on your device without transmitting it further can be considered illegal.

Тим Эллиотт
What about emojis? They’re everywhere, and some are obviously suggestive. Could using certain emojis be against public morals?

Людмила Ямалова
Yes, certain graphic or explicit emojis can be considered against public morals. Even though they aren’t real images or scenes, they still convey the same message and could fall under the broad definition of pornography as material against public morals.

Тим Эллиотт
This is a real eye-opener. It shows how broad the definition is and how easy it is to inadvertently break the law.

Людмила Ямалова
Absolutely. Sharing emojis, drawings, or any explicit content—even innocently—can implicate someone. This is why it’s crucial to raise awareness about how strictly pornography is regulated here in the UAE.

Тим Эллиотт
It’s fascinating because, coming from a country where topless images were once published in newspapers, it’s clear how different the standards are.

Людмила Ямалова
Exactly. Cultural norms and legal standards differ widely. In the UAE, even something as seemingly trivial as sharing an explicit emoji is considered serious and can lead to legal consequences.

Тим Эллиотт
To sum up: pornography in any form is not tolerated in the UAE. The standards you may apply elsewhere simply do not apply here.

Людмила Ямалова
That’s exactly the point. The UAE has a zero-tolerance policy, with a very broad definition of pornography and strict penalties for violations.

Тим Эллиотт
That wraps up another episode of Lawgical. Our legal expert, as always, Ludmila Yamalova, managing partner here at Yamalova & Plewka. Thanks again.

Людмила Ямалова
Спасибо, Тим.

Тим Эллиотт
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