The UAE Federal Supreme Court has ruled that taking photos or videos of suspected violations to submit to the relevant authorities does not in itself constitute a crime, provided it is done in good faith and solely for the purpose of filing a complaint.

The case involved a consumer who filmed insects found in a product sold at a supermarket and sent the video to the relevant authorities for investigation. The supermarket’s management subsequently filed a complaint against the consumer, leading to criminal proceedings.

A court of first instance initially acquitted the consumer, but an appeals court overturned the ruling, imposed a fine of AED 3,000 and ordered the confiscation of the mobile phone used to record the video. The case ultimately reached the Federal Supreme Court.

Focusing on the individual’s purpose and intent in recording the footage, the Supreme Court overturned the conviction and acquitted the consumer. It ruled that recording a video alone was insufficient to establish a criminal offence, and that malicious intent or an intention to cause harm or damage the other party’s reputation must be proven. No evidence of such intent was found in this case.

However, the ruling does not mean that photos and videos may be freely published on social media. UAE laws continue to protect privacy and reputation, and using electronic devices to invade privacy or publish content intended to cause harm may result in legal liability.

The UAE Ministry of Economy and Tourism also allows consumers to submit evidence and documentation relating to alleged violations. Complaints may be filed through official channels, while those in Dubai, Abu Dhabi and Ajman must be submitted to the relevant economic authority in the respective emirate.

The key point of the ruling is that documenting a violation for submission to an official authority is legally distinct from publishing it publicly. The person’s intent, how the footage is used and where it is sent are all relevant to the legal assessment.