<p>Upon publication in the Federal Gazette<sup>1</sup>, the new  Advertising Standards will serve to consolidate the various principles  governing content in relation to advertisements in the UAE, reinforcing a  number of fundamental edicts.&nbsp;</p>
<p><strong>1. Objectives.</strong></p>
<p>With a view to ensuring the advertising industry&rsquo;s conformity with  the laws and regulations of the UAE, the new Advertising Standards are  intended to:</p>
<ul>
<li>instill respect for the local religious, cultural and social values which prevail in the UAE;</li>
<li>strengthen the freedom of expression of the media;</li>
<li>establish the advertisement sector as one which contributes to the  advancement of economic development in the UAE; and&nbsp;ensure that all  advertisement content is:&nbsp;</li>
</ul>
<p>- impartial;<br />- truthful;<br />- respects the privacy of individuals; and&nbsp;<br />- protects society from harmful influences.</p>
<p><strong>2. Standards in relation to advertisements</strong>.</p>
<p>The Advertising Standards set out principles in relation to all  digital and traditional advertisements broadcast or published through  any media corporation and outlet in the UAE. Although, the Advertising  Standards do not define the meaning of these terms, they may be  interpreted broadly to include advertisements issued by shops, for  example.&nbsp;</p>
<p>Many of the standards set out in the Advertising Standards reiterate  principles already established under various existing legislations and  regulations, while others introduce new rules governing advertisements  and advertising content in the region. We summarize the main standards  below:</p>
<ul>
<li>Respect for religion and political institutions:</li>
</ul>
<p>Advertising content must be respectful of all divine religions and  not offend Islamic beliefs. It must not disrespect the regime in the UAE  and/or the symbols and political institutions thereof. Further, no  content broadcast or published by a media corporation or outlet may  disrespect the local and international policies of the UAE or disrespect  the cultural heritage of the UAE.</p>
<ul>
<li>Prohibited products/services: &nbsp;</li>
</ul>
<p>The Advertising Standards explicitly prohibit advertising alcoholic  beverages, tobacco, smoking and all banned products or services  including banned narcotics. &nbsp;&nbsp;</p>
<ul>
<li>Prohibited content:</li>
</ul>
<p>The Advertising Standards prohibit the publication of words and  pictures that breach public morals. They further prohibit the spread and  dissemination of information that may prejudice children, women or any  other members of society. The Advertising Standards also prohibit the  provocation of violence, hatred and sectarianism via advertising  content.</p>
<ul>
<li>Privacy:</li>
</ul>
<p>With a view to protecting the privacy of individuals, the Advertising  Standards explicitly prohibit the broadcast and publication of  misleading news and rumors.&nbsp;</p>
<ul>
<li>Consumer Protection:&nbsp;</li>
</ul>
<p>The Advertising Standards mandate compliance with the laws governing  consumer protection and commercial activities particularly in relation  to anti-competitive practices and illegal monopolies. &nbsp;</p>
<ul>
<li>Health regulations</li>
</ul>
<p>Advertising content relating to medicines or pharmaceutical products  must comply with the rules set out by Cabinet Resolution No. 7 of 2007  Regarding Health Advertisements Regulation.&nbsp;</p>
<p><strong>3. Requirements of advertising content.</strong>&nbsp;</p>
<p>The most notable requirement under these new Advertising Standards is  that advertisements are now required to be in standard Arabic or the  local Emirati dialect. Prior to the issuance of these Advertising  Standards, there was no such requirement.</p>
<p>We summarize additional requirements in respect of advertisements below:&nbsp;</p>
<ul>
<li>All advertisements broadcast or published in the UAE must be clear  and must not contain incorrect information. Advertisements must not  create confusion between products. Misleading claims of a comparative  nature that have a tendency to mislead consumers are prohibited.  Additionally, statements relating to uniqueness that have a tendency to  deceive consumers are also prohibited.</li>
<li>The Advertising Standards prohibit the unlawful use of trademarks in  advertisements. Advertisements must not contain fraudulent or imitated  trademarks. The use of labels or pictures that are unrightfully used is  also prohibited.&nbsp;</li>
<li>Broadcast or publication of specialized advertisements, i.e.  advertisements about medicines or pharmaceutical products, food products  and promotions require special permission of the relevant authority  prior to issuance. Similarly, advertisements relating to properties,  universities and kindergartens must be approved by the relevant  authority.&nbsp;</li>
</ul>
<p><strong>4. Enforcement.</strong></p>
<p>The National Media Council is authorized, under the Advertising  Standards, to apply various penalties for non-compliant advertisements.  Such penalties may not be in isolation of any other penalties that may  perhaps be imposed upon an entity under Federal Law No. 15 of 1980  Regarding Printed Matters and Publications.&nbsp; Enforcement of such  penalties can occur against any or all of the &ldquo;advertiser&rdquo;, &ldquo;producer&rdquo;  and &ldquo;publication means&rdquo; (the Advertising Standards do not define the  meaning of these terms)&nbsp; where each of these can be liable for  advertising content that does not comply with standards as set forth in  these Advertising Standards.</p>
<p>&nbsp;Al&nbsp; Tamimi &amp; Company&rsquo;s Technology, Media &amp;  Telecommunications team regularly handles issues related to advertising  and promotions. For further information please contact Sana Saleem at  s.saleem@tamimi.com or Anita Siassios at a.siassios@tamimi.com.&nbsp;</p>
<address><em>1 -&nbsp; At the time of publication of this article, the  Advertising Standards had not been published in the Federal Gazette. We  expect this will happen in due course.</em></address>