International Legal Firm Condemns UAE’s New Anti-Discrimination and Extremism Legislation, Replacing 2015 Law Clydeco, a multinational law firm headquartered in England, voiced the criticism. The firm offers comprehensive services to clients across key sectors including insurance, transportation, energy, infrastructure, trade, and commodities.
A report prepared by the company’s lawyer addressed the main drawbacks of the new law, which the government in the UAE is promoting as “an important step towards promoting tolerance and societal harmony.”
The UAE has the harshest restrictions on freedom of opinion and expression among the Gulf Cooperation Council countries, as dozens of citizens and residents have been arrested and imprisoned for expressing their opinions. It rejects international recommendations to guarantee the right to freedom of opinion, freedom of expression, and peaceful assembly.
According to the international law firm’s report, there are several drawbacks, including:
Extensive Scope: This law applies to a wide range of methods and platforms for expression, such as speaking, writing, drawing, photography, portrayal, online information, communication channels, websites, and digital technology.
Corporate Responsibility: Representatives, directors, or agents may be held responsible for offenses committed by company employees, facing penalties as though they committed the wrongdoing.
Expanded definition of extremism: The term “extremism” now includes any action that affects public order based on ideas, ideologies, values, or principles, providing a comprehensive framework.
Actions against Extremism: Individuals endorsing ideologies deemed extremist by authorities could be subjected to detention, travel restrictions, surveillance, or residency limitations, bolstering preventive measures in line with official assessments.
Prohibited acts: The law prohibits acts (deemed a crime by the authorities) such as producing, promoting, or selling material that involves religious contempt, discrimination, or hate speech.
Establishing Extremism Lists: The Cabinet (not the judiciary) can establish lists containing the names of individuals or organizations deemed extremist, in what the authorities consider a reinforcement of national security measures.
Reporting crimes: Authorities promote proactive reporting, where individuals who report crimes (as deemed by authorities) are absolved from penalties. Reporting after the occurrence of a crime could lead to exoneration or reduced penalties.
Social Media Policies: Employers in the UAE might find it necessary to assess and strengthen their social media policies, particularly regarding employees’ individual usage and communication platforms like WhatsApp for internal communications. The government maintains a vigilant oversight of social media and communication networks.
Penalties: Imprisonment for a period of not less than one year and/or fines ranging from AED 500,000 to AED 1,000,000 are provided for discriminatory acts. Similar penalties apply to discriminatory acts committed by public sector employees.
The international law firm concluded by saying that organizations must consider these implications, and proactively deal with the changes brought about by the 2023 law. Staying informed is key to surviving in the UAE’s dynamic landscape minimizing challenges and increase opportunities.
The UAE ranks 145th globally in freedom of the press, due to its record of “preventing independent local and foreign media from thriving by tracking and persecuting dissenting voices.”