Despite its risks, celebrity and influencer endorsements are highly effective ways for brands to connect with audiences. Rather than aiming for atomised categories such as age groups and gender, influencer campaigns are able to target very specific groups for what - and for whom - they actively express a preference.

Dubai, with its iconic skyline and winter sunshine is a hotbed for social media influencers from across the globe. However, brands and influencers operating in the UAE should be aware that they are obliged to comply with local laws. Below is a quick summary of points to bear in mind.

Licences & Permits

Merely an iPhone is not enough to embark upon a career as an influencer in the UAE. First of all, holding the correct visa is necessary.Under UAE law, influencers earning monetary benefits or gifts from promotional work on social media must not only be UAE residents but also hold a media license from the Media Regulatory Office (MRO), formerly the National Media Council (NMC), which falls under the remit of the National Media Council. In Abu Dhabi, a further license from the Abu Dhabi Department of Economic Development Services (ADDED) is required.

It should be noted that recommendations and reviews that are not incentivised by the brand in question are not regulated. Foodies are allowed to review restaurants, and gamers comment on the latest releases, provided that they have not been paid in cash or kind by the brand owner.

Endorsement of goods and services in certain sectors such as medical and financial services may be governed by specific regulations; it is always advisable to seek expert advice when assessing regulatory obligations.

Filming and photographing in public locations also typically require a permit.

Sensitive Content

Respect for UAE cultural values is expected from visitors and residents; this extends to how they express themselves on social media.

Emiratis are rightly proud of their heritage. While freedom of speech is a constitutional right, this right should be exercised in a responsible manner. In particular, enhanced care should be taken when addressing sensitive matters relating to politics and religion.

While in some parts of the world provocative comments may be seen as humorous or part of lively public debate, the same comments may be inappropriate and offensive in the UAE, potentially illegal.

Extra caution should be taken if minors are involved

Privacy

The UAE has a proud history of defending residents’ privacy, a right expressly protected by laws relating to data protection, cybercrime, and defamation. It’s worth noting that defamation may be a criminal offence in the UAE, filming in public is controlled, and the paparazzi culture is effectively banned.

Serious infractions of these laws may lead to criminal prosecution and, in extreme situations, a custodial sentence.

In this environment, content creators are best advised to obtain express written permission to use their name, likeness, or other identifiable characteristics of any person in any photography or recording.

Customer Protection

The UAE has a robust system for protecting residents’ consumer rights. Misleading advertising may attract censure from the applicable public bodies, not to mention more extreme activity such as fraud and promoting dangerous or inappropriate products.

In addition, where the account operator is also the distributor of the products and services, it is advisable to ensure that the returns and refunds policy is compliant with local laws and regulations.

Gambling & Competitions

Unlicensed gambling services are illegal in the UAE, with online gaming platforms generally geo-blocked by the telecoms regulator, the TRA. Advertising such services would, naturally, also be illegal in the UAE.

In addition, social media channels that are offering any form of competition, prizes, or giveaways need to be careful to stay within relevant guidelines and regulations; the rules in the UAE may be stricter, and more rigidly enforced, than in other territories.

Intellectual Property

The UAE is a signatory to the Berne Convention; legal protection is extended to creative works (such as music, film, texts, and art) created in virtually every nation on the planet.

As a rule of thumb, content creators should obtain permission when using any third-party works, whether created by UAE residents or not.

However, under certain circumstances content creators are not required to seek permission from copyright owners to use and reproduce the works, a principle known as ‘fair use’.

While these are predominantly for non-commercial or educational purposes, certain uses may also be deemed fair and relevant to influencer campaigns:

• Short excerpts for the purpose of criticism, discussion or information, with mention of the source and name of the author.
• Exhibiting architecture and works of arts as background, if such works permanently exist in public places.
• For the purposes of cultural or religious education.

It should be noted that while being sued in court for influencers’ content is rare, reputable platforms will have robust take-down policies. This means that if content is sufficiently successful to attract the attention of the rights owner, it may be quickly removed from circulation by the platform itself.

By: Cameron Crawford

For more information, please contact Cameron Crawford at our UAE office.