The impact of media obscenity must be addressed since it could be very damaging. The author’s intention in writing this article is to discuss the law of obscenity in relation to media law. The Common Law jurisdiction has a somewhat complicated area of law (particularly in the United Kingdom), but it is interesting in the way that it distinguishes between what is and is not obscene.

Media Obscenity in UK

The benchmark case that heavily contributed to the interpretation of the topic in the early stages of its enactment was in the 1868 case of R V Hicklin where Lord Chief Justice Cockburn held:

I think that the test for obscenity is this, whether the tendency of the matter charged as obscenity is to deprave and corrupt those minds are open to such immoral influences, and into whose hands a publication of this sort may fall.

First of all, the relevant part of the judgment is, what is the effect of the published material and secondly, whether or not they are likely to read, hear or view it. Following this judgment, authors began to demand modern legislation on the matter and as a result, The Obscene Publications Act 1959 was passed. The complete definition of the Act can be found under Section 1 where it is provided:

For the purposes of this Act an article shall be deemed to be obscene if its effect or (where the article comprises of two or more distinct items) the effect of any of those items is, if taken as a whole, such as to tend to deprave and corrupt persons who are likely, in all the circumstances, to read, see or hear the matter contained or embodied in it.

Interpretations of what was meant with the statutory definitions were complicated over time but once again emphasis had been put on the effect of the publication in the case of R V Knuller.

Focusing more on the interpretation of the word effect of the publication a defense to the crime of obscenity was developed. As a result, if the effect of the publication of the obscene material had the effect of arousing a feeling of disgust, it may be deemed as not being obscene due to the fact that rather than encouraging the public to indulge in “immoral acts”, the material tends to discourage the audience from conducting the aforementioned. This principle later came to be known as the aversion defense.

…(…) it was said that they had an adverse effect and that, far from tempting those who had not experienced the acts to take part in them, they would put off those who might be tempted so to conduct themselves (…)…- R V Anderson [1971]

The important aspect of this principle is that significant consideration is put on the overall impact of the publication as well as its purpose and context of it.

The relevant articles under Federal Law 15 of 1980 are Article 71, 72, and 73 which provides that It is prohibited to publish any material which includes instigation or offense against Islam or the regime in the country or to damage the higher interests of the State or the principal regulations of the society.

Under Article 72, It is prohibited to publish any opinions which include a violation to public morals or offense to youth, or which call or promote the espousal of destructive principles.

And under Article 73 It is prohibited to publish any matter abets to the commitment of crimes or incites hate or spreads dissension between the society members.

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Consider purpose of the publication

It would be awkward to ask the U.A.E. government to change their federal law completely as it would obviously clash with sharia law and what would work for a society in the west does not necessarily mean that it would work in the middle-east. Both societies are building upon different principles and foundations and based upon. However, it would be interesting if the courts would be inclined to take a more sophisticated approach when deciding these types of matters. Article 72 vaguely deals with this as it briefly provides that should the material promote the espousal of destructive principles. I think that whatever the standard for “destructive principles” may be, the result would be more just and righteous if emphasis would be put on the effect of the publication as well as its purpose.

As such, I consider it to have a greater advantage to media law as a whole if more thought would be put behind purpose of the publication before anything else.

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FAQ about Media Obscenity in the UAE

1-Which laws regulate the publication of media content in the UAE?

1980 Federal Law No. 15

In the United Arab Emirates, printing and publishing licences and operations are governed by Federal Law No. 15 for 1980 Concerning Press and Publications. This law applies to both traditional media content, such as newspapers, magazines, and television broadcasts, as well as digital media content.

2-What are the laws that cover behavior and usage of social media in UAE?

Under the Cyber Crimes Law (Federal Law No. 5 of 2012), it is illegal to use any IT tool to invade another person’s privacy, including photographing and distributing or exhibiting photos of other people.

3-What is illegal to post on social media?

using social media

It is forbidden to post someone else’s content that isn’t covered by those terms. Without their consent, you cannot modify, reuse, or take their content. Before publishing the author’s work on your website, you must have their consent.

We, the Khairallah Advocates & Legal Consultants in UAE, holds highly skilled and experienced attorneys who update themselves with the latest laws, handle all media law related cases. If you are seeking the best legal support, we are always here to help you out.