Liability of Influencers Under UAE Legislation

General Framework and Legislative Policy for Digital Advertising

In recent years, the United Arab Emirates has experienced a qualitative shift in commercial and promotional spheres due to the rapid advancement of social media platforms. Influencers' and content creators' recommendations have effectively become personal testimonials heavily relied upon by consumers in making purchasing, investment, or contracting decisions.

The UAE legislator recognized that expanding circles of influence necessitate heightened legal responsibilities. A digital advertiser is no longer merely a conduit for commercial content, but an active participant in shaping consumer will and directing market opinions. Consequently, legal accountability is triggered whenever this trust is abused by misleading the public or promoting products and services that violate the law. The legislative policy does not merely regulate advertising from an administrative or professional standpoint; it also incorporates penal provisions aimed at protecting consumers and boosting confidence in commercial and electronic transactions. This is embodied in Federal Decree-Law No. (34) of 2021 on Combatting Rumors and Cybercrimes, alongside Federal Decree-Law No. (15) of 2020 on Consumer Protection and its executive regulations, emphasizing that advertising freedom is not absolute, but delimited by frameworks prohibiting harm to society, public order, and morals.

Elements of Criminal Liability for Influencers

The foundational premise in criminal law rests upon the principle of personal liability, under which an individual is held accountable only for personal acts conclusively proven to violate the law, rather than mere suspicions, assumptions, or the occurrence of damage alone. Criminal liability is not established solely because an influencer engages in advertising or receives monetary compensation; rather, the general elements of an offense must be satisfied:

• Material Element (Actus Reus): Committing an act criminalized by law, primarily publishing or promoting false or deceptive information designed to mislead the public or manipulate their economic choices.

• Mental Element (Mens Rea): The existence of criminal intent or the mental state prescribed by the statutory penal provision.

• Causal Link: The existence of a direct causal relationship whenever required as an essential condition for the offense.

Forms of Prohibited and Punishable Conduct

Multiple forms of prohibited conduct can lead to the criminal prosecution of an influencer or content creator whenever statutory violations occur, including:

• Promoting a product with claims that it treats diseases, or guarantees medical, cosmetic, or investment results without scientific evidence or official authorization from the competent authority.

• Providing information known to be false, deliberately disregarding evident falsity, or concealing material facts that influence consumer decisions.

• Advertising deceptive discounts, promotional offers, or fictitious prizes.

• Promoting counterfeit, adulterated, or unlicensed products.

• Advertising financial, investment, or virtual currency services in breach of governing regulatory frameworks.

Disclosure, Transparency, and Due Diligence Obligations

The risks of digital advertising also encompass presentation techniques. Presenting paid promotional material under the guise of an objective personal review without disclosing the commercial relationship between the influencer and advertiser violates transparency principles. Disclosing the advertising nature of sponsored content is therefore both a statutory and ethical obligation to prevent exploiting follower trust.

Furthermore, UAE legislation mandates that professional influencers exercise due diligence prior to disseminating advertisements. Influencers cannot simply claim reliance on company-provided data or lack of knowledge if they could have verified the legality of the activity, licensing requirements, or core claims through reasonable and available means. Expected standards of care escalate with larger audience reach, particularly in fields directly affecting individuals, such as health, medical treatment, and investments.

Scope of Liability, Criminal Complicity, and Good-Faith Protection

Legal accountability and liability distribution are governed by the following criteria:

• Criminal Participation: Liability is not restricted to the principal offender, but extends to all participants under complicity provisions established in the Crimes and Penalties Law, assessing each party's role, degree of contribution, and criminal intent without automatic presumption of equal guilt.

• Protection of Good Faith: The law does not impose blanket criminal liability; it protects good-faith influencers who adhere to statutory standards. Liability is negated if the influencer proves the exercise of due diligence, clearly disclosed the promotional nature of the post, verified product legality using reliable official sources without adding false claims, and lacked knowledge or capacity to realize inaccuracies, or if causation was severed by an independent external factor.

A broad follower base does not grant legal immunity; rather, it imposes double the responsibility toward consumer protection and public trust, leaving judicial assessment to balance freedom of expression and economic activity against public protection.