Influencer Liability According to UAE Legislation
An awareness bulletin examining the legal and penal framework governing social media influencers in the UAE, detailing criminal liability conditions, transparency and disclosure requirements, and due diligence duties to protect consumers.
At a glance
The one-minute summary
- Advertising freedom in the UAE is legally bounded to prevent consumer deception and violations of public order.
- Criminal liability requires proof of personal responsibility, actus reus, mens rea, and causal link by conclusive evidence.
- Influencers face penalties for disseminating misleading information or promoting unverified medical or investment claims.
- Unlawful conduct includes advertising fake discounts, counterfeit goods, or unlicensed financial and virtual currency services.
- Disclosing the commercial nature of paid content is both a legal and ethical duty to avoid misleading the audience.
- The law obligates influencers to exercise due diligence to verify licenses and accuracy before publication.
- Complicity provisions apply to all participants based on role and intent, while good-faith influencers with proven due diligence are protected.
Introduction and Evolution of Digital Advertising
In recent years, the United Arab Emirates has witnessed a qualitative leap in commerce and advertising as a result of the rapid advance of social media, which has become a primary channel guiding consumer choices and shaping commercial public opinion. Digital advertising is no longer confined to merely displaying goods and services, but relies primarily on influencers and content creators who have earned deep trust from their audience, with their recommendations frequently serving as personal testimonials upon which consumers base purchasing, investment, or contracting decisions.
Recognizing this reality, the UAE legislator appreciated that an expanding sphere of influence entails greater responsibilities. Those practicing advertising via digital platforms are no longer passive conveyors of commercial content, but active participants in shaping consumer intent, necessitating legal accountability whenever they misuse this trust by misleading the public or promoting products and services that violate the laws.
Legislative Policy and Freedom of Advertising
The legislative policy in the UAE aligns with this approach by regulating advertising not only administratively and professionally, but also through penal provisions designed to protect consumers and enhance trust in commercial and electronic transactions. This is achieved through:
Federal Decree-Law No. (34) of 2021 on Combatting Rumors and Cybercrimes.
Federal Decree-Law No. (15) of 2020 on Consumer Protection and its Executive Regulations.
This legislative framework clearly indicates that advertising freedom is not absolute, but restricted by parameters preventing harm to society, consumer deception, or breaches of public order, morals, and applicable laws.
Elements and Conditions of Criminal Liability
The fundamental rule in criminal law is the principle of personal liability, under which an individual is held accountable only for personal acts proven to violate the law by conclusive evidence, rather than on suspicion, estimations, or the mere occurrence of damage. Consequently, criminal liability does not attach to an influencer simply for engaging in advertising or receiving monetary compensation, but requires the establishment of general crime elements:
Material Element (Actus Reus): Committing an act criminalized by law.
Mental Element (Mens Rea): The presence of criminal intent as required by penal provisions.
Causal Relationship: A causal link whenever necessary for the crime's establishment.
Forms of Conduct Subject to Legal Accountability
Various forms of conduct can lead to criminal accountability for influencers, primarily including:
Publishing or promoting false or misleading data or information intended to deceive the public or influence their economic intent.
Promoting a product with claims of treating diseases or achieving confirmed medical, cosmetic, or investment results without scientific evidence or official licenses.
Providing information known to be incorrect, deliberately ignoring its invalidity despite its clarity, or concealing material facts that influence consumer decisions.
Advertising fictitious discounts, offers, or prizes.
Promoting counterfeit, adulterated, or unlicensed products.
Advertising financial services, investments, or virtual currencies in violation of regulatory legislation where criminalized by law.
Presenting paid advertising as a personal experience or neutral opinion while omitting disclosure of the commercial relationship, violating transparency and misleading followers.
Duty of Due Diligence Imposed on Influencers
UAE legislation establishes that professional engagement in advertising imposes an obligation of due diligence prior to publication. It is insufficient to claim reliance on information provided by the advertising company or lack of knowledge of false claims if the influencer could reasonably verify activity legitimacy, required licenses, or core claims. As an influencer's reach and audience expand, expected diligence standards increase, especially concerning health, treatments, and investments.
Scope of Criminal Liability and Protection of Good-Faith Influencers
Criminal liability extends beyond the principal offender to include anyone who participated in committing the crime pursuant to complicity rules in the Crimes and Penalties Law, with liability determined based on actual roles, degree of participation, and criminal intent without automatic equality among participants.
Conversely, UAE legislation protects good-faith influencers who adhere to legal and professional rules. Liability may be negated if the influencer clearly disclosed the commercial nature, made diligent efforts to verify product legality using official or reliable information without adding false claims, had no capacity or knowledge to realize its inaccuracy, or if the causal link was severed by an independent external cause.