The UAE has revised its regulatory framework for social media advertising, with the National Media Council (“NMC”) introducing new rules to enhance transparency and oversight. These changes are outlined in Federal Decree by Law No. 55 of 2023 and Cabinet Decision No. 68 of 2024. This briefing explores the new regulations and their impact on influencers operating in the UAE.
1. Introduction
The scope of the Media Regulations includes social media advertising, classified under the category of “Electronic and Digital Media Activities.” This category encompasses all forms of promotion and advertising on platforms such as TikTok, Instagram, and Facebook, covering both compensated and non- compensated promotion.
2. Which licensing requirements need to be met?
The licensing process for influencers involves two stages:
a. Commercial License
First, a commercial or freelance license must be obtained from either a free zone or mainland licensing authority. Trade licenses are generally easier to secure and do not require industry-specific qualifications, whereas freelance licenses demand proof of relevant experience. The license must specifically include social media advertising-related activities, such as “Marketing Services Via Social Media” or “Blogger Services.”
b. National Media Council License
The second step is obtaining an additional license from the National Media Council (“NMC”), mandatory for engaging in social media advertising activities. The application is submitted through the NMC’s online portal, and applicants must provide details of their existing trade or freelance license, a valid ID photo, and fill out a detailed acquaintance form. Additionally, information about the social media platforms used, including account details and screenshots, must be included. Applicants must have a good reputation, with no criminal record involving serious offenses, unless rehabilitated. Upon approval, companies must pay an annual fee of AED 5,000, while individuals receive the license free for the first three years, then pay AED 1,000 annually. No payment is required at the time
of the initial application.
3. Which content standards apply?
Influencers must adhere to the content standards outlined in the Media Regulations and their Executive Regulations, which emphasize respecting religious beliefs and avoiding content that disrespects Islam or the UAE government. They must protect individuals‘ privacy, disclose any financial compensation for advertisements, and ensure their advertising is clear and not misleading. Specific types of advertising, such as for medical products, financial services, or real estate, require prior approval from relevant authorities, while advertising tobacco or alcohol is prohibited.
Influencers must also comply with broader laws, such as Federal Decree- Law No. 34 of 2021 (“Cybercrime Law”) and Federal Law by Decree No. 34 of 2023 (“Anti Discrimination, Hatred & Extremism Law”), which address cybercrime, false information, extremism, and discrimination.
4. What happens in cases of non-compliance?
Non-compliance with the Media Regulations, including licensing and content standards, can result in penalties ranging from warnings and fines (AED 1,000 to 1,000,000) to license cancellation or business closure.
Further penalties under the Cybercrime Law and the Anti-Discrimination, Hatred & Extremism Law may apply for specific content violations. Authorities, such as Abu Dhabi’s Department of Economic Development (“ADDED”), may impose additional penalties for licensing violations, with fines ranging from AED 3,000 to 10,000. Similar enforcement is expected across other UAE regions.
5. Conclusion and Outlook
Navigating the new Media Regulations can be challenging for influencers, especially when determining what qualifies as promotional content. The regulations aim to ensure transparency in advertising, covering all forms of compensation, including gifts, but also extend to non compensated promotions. This broad scope creates uncertainty, such as whether an appreciation post on LinkedIn or a restaurant recommendation on Instagram qualifies as promotional content.
Despite the lack of specific guidance on such matters, influencers must comply with the broader laws addressing harmful content. To avoid penalties, influencers should carefully assess whether their activities fall under the Media Regulations and ensure they meet the necessary licensing requirements.
Dr. Constantin Frank-Fahle, LL.M.
Founding Partner
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