This ends up being an issue if such views are revealed in such a way that makes up an insult or discrimination, or promotes hate and violence.With the goal of preserving the harmony of UAE society, the UAE has actually enacted a new Federal Decree by Law No. 2 of 2015 that strengthens principles of tolerance and approval of others. The brand-new Law, which entered force in August 2015, penalizes hate crimes and discrimination with penalties including, but not limited to, imprisonment (from 6 months to fifteen years) and fines (of AED 50,000 to AED 2,000,000).
The new law presents a number of new arrangements, but also overlaps with existing legislation. Much of the law adds higher detail and greater charges in relation to acts that have traditionally been viewed as acts of crime. As such, deeming them as criminal activities is not considered a brand-new advancement. Notably, the far reaching effect of the law is to place emphasis on the UAE’s vision and efforts to preserve the existing harmony among its homeowners.
Listed below, we highlight some examples from the new law that overlap with existing laws, particularly Cyber and Criminal laws.
The existing Criminal Law No 3 of 1987 establishes penalties for anyone who upsets the recognized divine religions. The new law likewise penalizes any type of offence to the magnificent religions, in addition to the holy books, Gods, prophets or apostles, churches and mosques. The new law sets out the definition of magnificent religious beliefs as Islam, Christianity and Judaism.
The penalties in the brand-new law are likewise stricter compared to those supplied in the Criminal Law The brand-new law is perhaps more succinct, with a structure that even more elaborates on such criminal activities, while including more meanings.
Similarly, the Cyber Law No. 5 of 2012 addresses insults to Islamic rituals and the recognized magnificent faiths. The new law is arguably providing further examples of what is thought about a crime with regards to offenses to faith.
The Cyber Law addresses crimes dedicated on the internet, websites, social media and other technological tools. The scope of the brand-new Law’s application is thought about wider as it covers the abovementioned platforms, as well as any visual and audible techniques, along with regular speech.
It is worth discussing that the enactment of the Cyber Law, which entered force in August 2012, cancelled any arrangements that opposed its arrangements. Simply puts, the Cyber Law would extensively apply to criminal offenses managed under it, even if they were construed as being covered by the Criminal law too.
On the other hand, Article 2 of the new law offers that the penalties under the new law will apply to the crimes managed under it, without prejudice to any greater penalties under any other law. It can therefore be anticipated that in circumstances where there are contradictory arrangements, the higher penalties in the new law will use.
Not just does the brand-new law safeguard followers’ beliefs, it also safeguards the beliefs of nonbelievers. The new law offers charges for anyone implicating other spiritual groups or individuals of being infidels or nonbelievers for personal interests or for illegal purposes.
The charge for such actions might reach the death penalty if such accusations encourage others to kill and a criminal offense is subsequently committed.
Undoubtedly, extreme charges as such show the UAE’s strict technique to hateful and inequitable acts dedicated versus anybody on its land, irrespective of his/her background and beliefs. The brand-new law likewise establishes penalties for any discriminatory acts based upon race, colour or ethnic origin.
The conditions for each of the above acts are evaluated on a case by case basis and are related to differing aspects consisting of, but not restricted to, the criminal intent to commit such crimes.
The brand-new law, which substantially overlaps with pre-existing laws, is invited as it is more concise and its structure offers further detail in terms of when certain activities are considered criminal and what penalties may use.
The overlapping of arrangements is not unusual in the UAE, specifically in locations that need to accommodate the nature of a rapidly developing cosmopolitan society. In circumstances where there are two contradictory provisions, it is generally the case – with some exceptions – that the most recent provision with the greater penalty will apply to an offered criminal offense. The greater penalties in the new law would thus apply to criminal offenses that fall under it. However, any overlap with the brand-new law is still to be checked before Courts.