Book Review: Media Law in the United Arab Emirates, by Matt J. Duffy

Abstract

Media Law in the United Arab Emirates. Matt J. Duffy. Alphen aan den Rijn, The Netherlands: Kluwer Law International, 2014. 104 pp. $81 pbk.Media law is more global than ever. This is hardly surprising because we are living in a globalized society. An increasing number of media law books focus on international and foreign law. Some books are wide-ranging. Media, Advertising & Entertainment Law Throughout the World (2015) is a case in point covering media law and related topics in 45 jurisdictions. International Libel & Privacy Handbook (2013) is less inclusive, but it still addresses libel and privacy law in nearly 30 countries.Probably most significant is the International Encyclopaedia for Media Law, a subset of the International Encyclopaedia of Laws (IEL) project of Kluwer Law International in the Netherlands. A series of IEL monographs about foreign media law concentrates on an emerging area of interest to journalists, academics, and free speech advocates. It is a country-by-country survey of media law, with 20 titles published thus far.One of the recent IEL media law monographs is Media Law in the United Arab Emirates by Professor Matt J. Duffy at Berry College, who taught media law and ethics at Zayed University in the United Arab Emirates in 2010 to 2012. Like those on Australia, Denmark, and the United Kingdom, the U.A.E. volume examines freedom of speech and media law and regulations. But it is far less voluminous, which might have to do with the limited media law jurisprudence of the United Arab Emirates.The slim (104 pages) book comprises the "General Introduction," and chapters on "Freedom of Speech" and "Regulation of Print, Broadcast, and Digital Media." The "General Introduction" section offers a concise background on the political and legal system and the sociocultural values of the United Arab Emirates. In addition, the U.A.E. media landscape and various sources of the U.A.E. media law are noted. This contextual information places the author's examination of the U.A.E. media law in perspective.Duffy's analytical framework is drawn from international, foreign and comparative law. More often than not, he refers to the International Covenant on Civil and Political Rights (ICCPR) and U.S. and other foreign laws on press freedom.The U.A.E. Constitution makes no textual mention of "freedom of the press" as such. But freedom of the press is read into freedom of expression as guaranteed as a constitutional right. In the United Arab Emirates, however, the constitutional protection of a free press carries little practical relevance. According to Duffy, no U.A.E. court has relied on the Constitution in weighing freedom of the press against its conflicting sociopolitical and individual interests. Citing the absence of judicial independence in the United Arab Emirates, he finds that few judges rule against the prosecutorial authorities and in favor of the news media.Three major media statutes-Penal Code of 1987, Press and Publications Act of 1980, and Cybercrime Law of 2012-are given due attention.Prior censorship is not part of the formal U.A.E. media law, but it is accepted by the U.A.E. media informally. Furthermore, licensing is required of print and electronic media, which distinguishes the United Arab Emirates from other countries where newspapers, in contrast with broadcasting media, do not need licensing from the government. …