Antisocial media

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Congratulations to Spain, European champions again! Commiserations to beaten finalists, England.

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In a perhaps uncharacteristically bold move, prior to the tournament England manager Gareth Southgate dropped nightlife afficionado and Manchester City benchwarmer Jack Grealish from England’s Euro 2024 squad.

Before being given the summer off, Grealish was announced as the public face of Hellmann’s mayonnaise in a campaign, celebrating the link between the barbeques in the occasionally sunny British summer and… international football tournaments.

So, as Jack enjoyed the former and more consistent players enjoyed the latter, the campaign was widely ridiculed on social media. However, for Hellman’s, this meant a fortuitously successful return for their marketing spend; money alone cannot buy that much Schadenfreude going viral.

Others have not been so fortunate when celebrity tie-ins take an unexpected turn. In 2022, Kanye West ‘went there’ with some ill-advised public comments, resulting in Adidas dissolving the immensely lucrative Yeezy brand and design partnership.

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

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Social Media and Influencers in the UAE

Dubai, with its iconic skyline and winter sunshine creating an aspirational global image, is ubiquitous as a hotbed for social media influencers from across the globe.

However, brands and influencers should be aware when in the UAE they are obliged to comply with local laws. Here’s a quick summary of points to bear in mind:

Licences & Permits

Having an iPhone and some burning ambition is not quite 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 residents but also hold a media license from the Media Regulatory Office (MRO), which falls under the remit of the Emirates 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 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.

Where minors are involved, exercise additional caution.

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, filing 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 activity 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 producers 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 very 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, there are certain circumstances where that don’t require the content creator to seek permission from the copyright owner to use and reproduce the works, also 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.

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If you enjoyed this article and wish to discuss any aspect of it, please feel free to reach out.

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