In today’s world, social media is being seen less and less favorably by experts and intellectuals around the world. It has found to have physical, emotional and psychological implications on its users. We are periodically hit with news articles about people meeting with accidents due to the usage of mobile phones, or children developing long term mental problems due to the incessant viewing of short format videos on various social media platforms. The effect of social media on children and teenagers have become a major cause of concern. Government entities in the UAE have periodically urged parents to monitor their children’s screen time and internet usage. However, concerns may arise regarding whether it constitutes an invasion of privacy for a parent to examine their children’s phones.
Under Federal Decree-Law No. (34) of 2021 On Countering Rumors and Cybercrimes, Article 44 explains the law regarding invasion of privacy. The article states that if anyone uses social media or other information platforms with the intention of invading the privacy or familial life of someone without his consent, by carrying out any of the following act, they will be punishable with imprisonment or fine.
a) Listening, recording or revealing conversations or audio or visual materials
b) Taking photos of people without their consent
c) Publishing photos, comments or any type of information, real or fake, with the intention of harming the person
d) Accessing and/or using the geographic location data of people
e) Capturing images or videos of deceased or injured individuals, as well as accidents or calamities, and publishing or transmitting them
f) Modifying or processing photos or videos, with an intention of defaming or insulting an individual
The above-mentioned article 44 of Federal Decree-Law No. (34) of 2021 clearly explains that one must not use the information network or any Information Technology Electronic, to invade the privacy of the individual. But in depth understanding of the article in its entirety shows that the article addresses the harm caused and the intention behind the actions of anyone who invades privacy of an individual.
A parent monitoring the internet usage of a child is an act of protecting the child from the harms lurking behind the screens of a computer or a smart phone. Parents are custodians and guardians of their children and the latter’s protection is a responsibility and duty on the parent. According to article 178 of the Federal Law No. 28 of 2005 regarding personal status, guardianship of a person includes supervising, protecting, raising, educating the person, directing the person’s life, and preparing them well. Consequently, it is the duty of the parent to ensure the safety of their child. This duty extends to the time until an individual is old enough to make the right choices. As per article 85 of Federal Law No. (5) of 1985 concerning the issuance of the civil transactions law, the age of majority in the UAE is 21 years and the law allows minors certain powers, once they reach the age of 18.
Parental supervision is essential in ensuring children navigate the internet safely and responsibly. While the digital world offers numerous learning opportunities, it also exposes a child to risks such as cyberbullying, dangerous content, and online predators. Parents are thus required to closely monitor their children’s online activities and set clear boundaries around the same. Parents must also encourage open communication and help develop healthy digital habits and critical thinking skills.