Advertisements in any form have always been an integral part of everyone’s life. From remembering the soundtracks of an advertisement due to repeated hearing to seeing advertisements on your social media page for something you recently thought of buying, we have come a long way in being exposed to advertisements through different mediums.
Advertisement is defined as any means used to inform people about a commodity or a service through different means of expression. It can be through drawings, writing, videos, images, symbols, or any other form of expression.
Main Laws Governing Advertising in UAE
- Federal Law No. (15) of 1980 on printed matters and publishing.
- Federal Decree-Law No. (2) of 2015 on combating discrimination and hatred.
- Federal Law No. (3) of 2016 on the rights of the child “Wadima”.
- Federal Law No. (11) of 2016 on the organization and competences of the National Media Council.
- The Cabinet Resolution No. (19) of 2017 on fees for media services.
- The Cabinet Resolution No. (23) of 2017 on media content.
Advertising content standards according to UAE Media Council
The Advertising content standards to be followed are:
- Advertisements must respect Islam, other religions, UAE culture, heritage, public morals, and national identity.
- They must respect the UAE government, rulers, political institutions, national symbols, and the rules regarding the use of the flag, emblem, and national anthem.
- Advertisements must not harm national unity, social cohesion, or provoke sectarian, tribal, or doctrinal conflicts.
- They must respect the UAE’s internal policies, foreign relations, and must not harm the economic system or spread rumours and misleading news.
- Advertisements must not harm children, women, or any social group, and must not promote hatred, violence, or abuse.
- False, malicious, deceptive, or misleading advertisements are prohibited.
- Advertising of alcohol, narcotics, tobacco, smoking products, witchcraft, sorcery, and astrology is not allowed.
- Advertisers must respect intellectual property rights and comply with honesty, consumer protection, fair competition, and anti-commercial fraud rules.
- Health advertisements must comply with special health advertising regulations.
- Advertisements relating to health, education, real estate, Hajj and Umrah campaigns, and other regulated sectors require prior approval from the concerned authorities.
Federal Decree by Law No. (55) of 2023 Regulating Media
Article 11 of the law states that Advertisements Must Not Violate Media Content Standards.
- That is no advertisement may be published if it violates media standards or harms public interest.
- Advertisements should be clearly mentioned as advertisement so that disguised advertising does not happen.
- The Media Council, the Competent Authority other concerned authorities will supervise and monitor advertising and promotional media content.
Social Media Advertising and Influencer Marketing
Article 12 states specifically about electronic and digital advertising.
- It states that licences or permits are required for promotion and advertising activities, news services, social media promotions and digital media advertising whether it’s done with or without payment.
- The law makes it compulsory for even individuals not just companies like influencers, content creators, paid endorsers and brand promoters to require a licence if they are providing advertising or media content on social media.
- All digital and electronic media activities must comply with media content standards. This means Instagram, TikTok, YouTube, LinkedIn promotions, and other online campaigns are regulated just like traditional advertising.
- Operating without a permit does not remove liability.
The account holder of the social media account is responsible for the content published in the account. Advertisements must be clearly identified as advertisements and must appear separately from normal content. Paid promotions must include clear disclosure such as “#ad” or “#paid_ad” and the disclosure should be visible, clear, and showed at the beginning of the content. In a video content the disclosure must be written and verbally stated in the video in clear fonts.
Charitable, voluntary, and non-commercial advertising activities done for free may be exempt from licensing. Licences may be granted to individuals, companies, GCC nationals, and GCC companies subject to conditions such as good conduct, legal compliance, no financial dues, and compliance with media regulations.
In conclusion, advertising in the UAE is not merely a marketing tool but a legally regulated activity that must comply with strict standards of honesty, transparency, and social responsibility. Whether through traditional media or digital platforms, advertisements must respect public morals, national values, consumer rights, and media laws. With the rapid growth of social media advertising and influencer marketing, businesses and individuals must ensure proper licensing, clear disclosure, and compliance with legal requirements. Following these standards not only avoids legal liability but also helps maintain consumer trust and fair competition in the market.
Our team at Ayesha Al Dhaheri Advocates and Legal Consultants provides expert legal advice on advertising compliance, media regulations, consumer protection, and social media advertising laws in the UAE. If you have any queries related to advertising standards, influencer marketing, licensing requirements, or regulatory compliance, please feel free to contact us.
