Spotted something wrong with a product on the shelf? A UAE Federal Supreme Court ruling has clarified that filming a suspected violation and sending it to the competent authorities is not, in itself, a crime, as long as it is done in good faith.
The Case Behind The Ruling
According to Gulf News, a consumer found insects inside a product at a supermarket. Believing he was helping protect other shoppers, he recorded a video on his mobile phone and sent it to the relevant authorities for investigation.
Instead of remaining the complainant, he ended up facing criminal proceedings after the supermarket’s management filed a case against him over the recording. The Court of Appeal overturned that decision, fining him AED3,000 and ordering the confiscation of the phone he used to film the footage. The dispute then reached the Federal Supreme Court.
What The Supreme Court Decided
The court looked at the purpose behind the recording rather than the act of filming. It held that recording a video does not amount to a criminal offense.For example, prosecutors need to prove criminal intent, bad faith, or a deliberate desire to harm another party or its reputation.
The court ruled that the consumer had filmed because he thought he had found a violation that should be reported, and there was no proof that he had intended to defame the supermarket.His conviction was quashed, and he was acquitted.
Where The Line Sits
The ruling draws a clear distinction between recording evidence to report a suspected violation and filming with the intention of defaming or harming others.
Legal consultant and lawyer Mohammed Ali Al Hammadi told Gulf News that consumers can document violations and report them to the competent authorities, provided this is done in good faith and within the limits necessary for filing a complaint.
He stressed that this is different from posting footage on social media, or circulating it, with the aim of harming a business’s reputation. Privacy violations, or publishing material intended to cause harm, can still lead to legal liability.
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Three Things To Consider Before You Film
Al Hammadi said consumers should weigh up:
- The intention behind the recording
- The purpose the footage will be used for
- The authority it will be sent to
In short, good faith and intent remain central when courts assess these cases. This article is for general information and is not legal advice.
Cover Image Courtesy: CanvaPro/ Ruslan Lytvyn from Зображення користувача Руслан Литвин
FAQs
Is it illegal to film a violation in the UAE?
Not in itself. The Federal Supreme Court says prosecutors must prove criminal intent, such as bad faith or an intention to harm or defame.
Can I post the video on social media?
The ruling distinguishes reporting to authorities from publishing to harm a business's reputation. Posting with that intention, or violating privacy, can still bring legal liability.
What should I think about before filming?
Your intention, the purpose of the footage, and the authority you will send it to.