DDA Code of Guidance for Broadcasting and Publishing 2016chapter by chapter

Introduction

The Code applies to all Licensees and businesses operating in the Dubai Creative Clusters, including those not specifically licensed for Broadcasting or Publishing; Licensees must take due care to ensure compliance with the Code and prevent breaches before they occur.

Part One - Code on Fairness and Privacy (Sections 1.0-2.5)

Broadcasters and Publishers must exercise editorial judgment against the Code's fairness and privacy parameters (avoiding unfairness/inaccuracy, dealing fairly with contributors, accuracy, correction/apology, opportunity to respond, non-participation, no deceptive newsgathering absent overriding public interest, and heightened care for privacy, distress/suffering, past events, children, and agency operations); in any Tribunal action, the burden of proving acceptability rests with the Licensee.

Part Two, Section 3Part Two - Code of Standards, Section 3 General (3.1-3.30)

Broadcasters and Publishers must exercise editorial judgment against the Code's content standards parameters covering taste and decency, respect and dignity, grief/bereavement, language, religious sensibilities, portrayal of crime/violence/drugs/alcohol, race and stereotypes, suicide, sexual conduct, nudity and related themes - applying appropriate labelling, warnings and scheduling, with particular sensitivity to UAE/Middle Eastern social and religious customs and to content likely to be seen b

Section 3.12Part Two - 3.12 Incitement to Hatred, Violence or Disorder

Licensees must use their best endeavours to avoid disseminating material that carries a clear risk of inciting public violence, ethnic/religious hatred or civil disorder, advocates terrorism or crime, or risks public harm or endangering lives/police-military operations.

Section 3.24Part Two - 3.24 Fortune-Telling and the Occult

Licensees must not invite donations to exorcism, fortune-telling, the occult, the paranormal, divination or related practices, and these subjects must not feature in content aimed at children.

Section 3.31Part Two - 3.31 Interactive Services

Licensees must moderate all interactive, user-generated content (competitions, votes, SMS messaging, etc.) prior to dissemination to ensure Code compliance, and must prominently display pricing details, accurately describe prizes, treat participants fairly (clear rules/conditions), and indicate the competition/interaction period and full entry costs.

Section 4.1-4.2Part Two - 4.1-4.2 Advertising and Sponsorship

Licensees must retain editorial control over advertisements and only allow advertisements that comply with the laws of their intended markets, and must ensure advertisements are legal, honest, truthful and decent and do not mislead, deceive, or prejudice consumer interests.

Section 4.3Part Two - 4.3 Prohibited Advertising

Advertising (including infomercials and teleshopping) for alcohol, prescription drugs, gambling products/services, sexual products/services, weapons, and dating services is not permitted.

Section 4.4Part Two - 4.4 Restricted Advertisers

Licensees must ensure any product requiring a product licence is licensed prior to advertising, and must not carry subliminal advertising.

Section 4.5Part Two - 4.5 Sponsorship

Sponsorship is not permitted by persons whose principal activity is the manufacture or sale of products/services not permitted to be advertised, and sponsorship must be clearly identified by appropriate visual and/or audio signs.

Regulation 4.3, 10.3General

The Authority and Licensees are bound by a Tribunal Determination, including on costs, and must act accordingly; parties must inform the Tribunal promptly of any agreed settlement, though the obligation to settle the Tribunal's fees and expenses continues regardless.

Regulation 6.2Determination Procedure

Within 15 working days of making the request for a Determination, the Licensee (or Authority, as applicable) must submit to the Tribunal the application together with all relevant supporting documents, including copies of the content, transcripts and translations if required.

Paragraph 25Section 3 - Payment of Financial Penalty

The Licensee must pay any financial penalty imposed within 20 working days of being notified of the Tribunal's Determination or the Authority's Preliminary Decision.

Paragraph 26Section 3 - Suspension of Licence

Where the Tribunal determines a licence suspension is necessary pending compliance measures, the Licensee must suspend the relevant activity within 15 working days of receiving notification.

Paragraph 27Section 3 - Revocation of Licence

For the most serious breaches without satisfactory remedial measures, the Tribunal may determine that the licence should be revoked, with revocation effected within 15 working days of notification; the Licensee must cease licensed activity accordingly.

Paragraphs 15, 18-23Section 3 - Sanctions Available and Proportionality Factors

The Authority may impose a financial penalty of up to AED 100,000 without Tribunal referral (Licensee may appeal to the Tribunal); more serious matters may result in Tribunal-recommended sanctions (amendment/removal direction, apology/correction, financial penalty, suspension or revocation), with proportionality assessed against factors including deliberateness, harm caused, financial gain, remedial steps taken, duration, repeat history, and cooperation with the investigation.

Paragraph 6Section 2 - Procedures (Pre-transmission Advice)

Licensees are invited to request pre-transmission advice from the Authority in cases where a potential breach of the Code has been identified.

Paragraph 10Section 3 - Assessing a Complaint

Where the Authority decides to investigate a substantive Complaint, the Licensee must supply a copy of the Content complained of and provide a written response to the Complaint within the period stipulated by the Authority.

Paragraphs 15-16, 19; BPST Regulations 6.1, 9.1Section 4 / Section 5 - Preliminary Decision and Referral to the Tribunal

Where the Licensee disputes a breach finding, or wishes to appeal a Sanction as disproportionate, it must request a Determination from the Tribunal within 10 working days of the Authority's Preliminary Decision, together with a security cost payment (AED 20,000 or as otherwise determined) in advance.