In today’s world, social media is being seen less and less favorably by experts and intellectuals around the world. It has found to have physical, emotional and psychological implications on its users. We are periodically hit with news articles about people meeting with accidents due to the usage of mobile phones, or children developing long term mental problems due to the incessant viewing of short format videos on various social media platforms. The effect of social media on children and teenagers have become a major cause of concern.
Government entities in the UAE have periodically urged parents to monitor their children’s screen time and internet usage. However, concerns may arise regarding whether it constitutes an invasion of privacy for a parent to examine their children’s phones.
Under Federal Decree-Law No. (34) of 2021 On Countering Rumors and Cybercrimes, Article 44 explains the law regarding invasion of privacy. The article states that if anyone uses social media or other information platforms with the intention of invading the privacy or familial life of someone without his consent, by carrying out any of the following act, they will be punishable with imprisonment or fine.
- Listening, recording or revealing conversations or audio or visual materials
- Taking photos of people without their consent
- Publishing photos, comments or any type of information, real or fake, with the intention of harming the person
- Accessing and/or using the geographic location data of people
- Capturing images or videos of deceased or injured individuals, as well as accidents or calamities, and publishing or transmitting them
- Modifying or processing photos or videos, with an intention of defaming or insulting an individual
The above-mentioned article 44 of Federal Decree-Law No. (34) of 2021 clearly explains that one must not use the information network or any Information Technology Electronic, to invade the privacy of the individual. But in depth understanding of the article in its entirety shows that the article addresses the harm caused and the intention behind the actions of anyone who invades privacy of an individual.
A parent monitoring the internet usage of a child is an act of protecting the child from the harms lurking behind the screens of a computer or a smart phone. Parents are custodians and guardians of their children and the latter’s protection is a responsibility and duty on the parent. According to article 178 of the Federal Law No. 28 of 2005 regarding personal status, guardianship of a person includes supervising, protecting, raising, educating the person, directing the person’s life, and preparing them well. Consequently, it is the duty of the parent to ensure the safety of their child. This duty extends to the time until an individual is old enough to make the right choices. As per article 85 of Federal Law No. (5) of 1985 concerning the issuance of the civil transactions law, the age of majority in the UAE is 21 years and the law allows minors certain powers, once they reach the age of 18.
Parental supervision is essential in ensuring children navigate the internet safely and responsibly. While the digital world offers numerous learning opportunities, it also exposes a child to risks such as cyberbullying, dangerous content, and online predators. Parents are thus required to closely monitor their children’s online activities and set clear boundaries around the same. Parents must also encourage open communication and help develop healthy digital habits and critical thinking skills.
Disclaimer:
The above information might not apply if both parties are non-Muslim. Starting from the 1st of February 2023, UAE issued specific family law to be applied between non-Muslim expat residents in case none of them wanted to apply his/her home country's law in the UAE. To know more information about this law, please feel free to click this linkCopyright © of this article is retained by the author and/or other copyright owners. We explicitly grant you permission to download a copy, without any alteration, of this article for personal non-commercial research or study, without prior permission or any charge. This article can be utilized on your website or for marketing, however, we grant you permission to host this article on your website and no other rights. This content should not be altered in any way or sold commercially in any format without prior permission of the copyright holder. During reference of this article, full biographic details entailing the name of the author, his designation, the institute and the publishing date of the article shall be provided.