Is Your Content Legal? A Q&A with Al Tamimi’s Fiona Robertson

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If your content is in breach of the UAE’s laws, you may find yourself in the courthouse (maybe not with Matthew McConaughey, however).

There’s few people who know more about media laws that Al Tamimi’s Fiona Robertson, who has strived to raise awareness of legislation that impacts those working in communications and marketing. I had the fortune of sitting down with Fiona, to talk content. I started by asking, what is legal and illegal when it comes to content.

Fiona: All content must comply with the print and publications law, which was first published in 1980 and then expanded upon by and executive resolution in the 2000s. This law applies to all media, and how it is distributed, including online. The other law people need to be aware of is the Cybercrimes law of 2012.

These laws include a list of issues which are off-limits, such as criticizing UAE culture, the UAE government, Islam and any subject which could bring disrepute to the country. In relation to the Cybercrimes law, the penalties are stiff, with up to 500,000 AED in fines as well as jail terms. Anyone who is prosecuted and found guilty under the 2012 Cybercrimes law and who is not a national will be deported.

There was a case a couple of weeks ago where a media outlet didn’t obtain the correct releases for material. This material was published on a website, and the two hosts of the show were deported. When these laws are broken, there are serious consequences.

Q: Are enough publishers, brands or agencies aware of these laws?

Fiona: We don’t see enough awareness that people are concerned about this. We get to do pre-publication compliance review for foreign brands, who often approach us, but not for local brands. People don’t realize the laws are there, as they’re not well publicized.

Q: Who oversees these laws?

Fiona: It’s the National Media Council, and Telecoms Regulatory Authority who have the power to block websites.

Q: So how are these laws applicable to social media and social media influencers?

Fiona: The provisions of the Cybercrimes law does not specify who is liable for the content. The brand, the publisher, the agency or the author could be liable for the content under the Cybercrimes act. It could the content producer, the influencer. It could be the owner of the blog. If it’s on a Facebook site, then it could be you or the brand as the account owner. In the recent case which I referred to above, the authorities prosecuted nine parties for one action which was considered to be against the Cybercrimes act.

Q: Wouldn’t the platforms, the likes of Facebook, Snap or Twitter, potentially be liable?

Fiona: Potentially, yes, they could be liable. Most are based outside of the UAE’s jurisdiction so it becomes difficult to apply sanctions against a foreign entity. But the TRA could block their sites for being in breach of the UAE’s content regulations, as they do with materials relating to topics such as gambling.

Q: So what should brands and agencies do in terms of making sure that content is legal?

Fiona: There’s several laws that brands, agencies and publishers should be aware of, including both the Cybercrimes laws and the National Media Council advertising regulations. Familiarity is the most important thing. I’m still alarmed by the number of people who tell me there’s no media laws here, where there clearly are. Start there, train your staff to know what the big red flags are in relation to content, so they’re picked up before the content goes into production.

There’s not only legal issues, but also the reputational issues. Today, UAE nationals will take to social media to make complaints and disparage brands. Sometimes the issue isn’t so much legal as it is reputational. An issue is better resolved before it becomes a problem.

Q: Is producing content in Arabic more difficult than in English?

Fiona: Foreign brands and producers may not understand the culture of the region well. They may not understand the reality versus perception, and we’re often asked to help review not just from a legal perspective but also a cultural one. Having said that, the biggest advertising fail in the last 12 months was Arabic language content produced by Arabic speakers for an Arabic country.

The Media, the Web and Influence – a Journalist’s Response

 I wrote earlier this year about the waning influence of media, and how the media could tackle this through more transparency and better use of digital.

The piece elicited a response from one journalist here in the UAE whom I greatly respect. I wanted to share that response with you below.

On auditing and transparency:

Yes, there’s a lack of transparency and yes, there should be auditing but I’m not sure how much that would help. Most advertisers either don’t care or don’t understand that a publication with smaller numbers but the right target audience could still be valuable. In any case, an insane amount of deals are done because the media planners/agency guys and publishers are friends. So to your point, even if there were to be proper auditing, I’m not sure how much it would help the media industry regain its influence. 

On influencers and audience profiles:
Okay, the media and influencers should be treated separately. By default, media (and journalists) are – or should be – influencers, but in the context of the way the term is used here, they are not. So, why are we talking about an influencer who will give a breakdown of their followers? This is an issue, but a completely separate one.
With regards to media building reader profiles, yes they should but it’s important to define whether it should be sales or editorial. The issue of trust and transparency is relatively not as pressing when dealing with editorial because they have nothing to gain per se by bluffing/inflating numbers and audiences. Moreover, if editorial is interested in covering a story, they will do so (or at least, they should) regardless of PR/comms professionals pitching or not pitching said story. In fact, PR/comms need to think beyond what they want to communicate and instead look at what journalists want to do and try and be a part of that – something I’m sure you’re more than familiar with. It’s frustrating, to say the least, to speak to a company when they want to push something but not when you’d like them to weigh in on something.
On journalists as influencers:
There needs to be a line between journalism and whatever passes as content nowadays. Journalists should NOT be content creators and distributors for brands. It has to be either/or. They can’t have a balanced view if they’re speaking for a brand (understandably so)…it’s the whole reason we strive to keep editorial and sales apart. If anything, we need more journalists – not content creators or influencers – to dig up new stories, angles, and perhaps most importantly, be brave enough to pursue those stories.
Have a view? If you do, then drop me a line. I’d love to hear your thoughts. And to the journalist who wrote this, I’d like to say thank you.

A Guide to Media Relations in Ramadan (and Eid)

Firstly, Ramadan Kareem! I know I’m late (it’s the workload), but I wanted to share a guide on how to deal with the media in Ramadan. For those who don’t know, Ramadan is the holiest month of the calendar for Muslims globally. Muslims commemorate the first revelation of the Quran to the Prophet Mohammad, which was shared in Ramadan, by fasting during Ramadan. This annual observance of spirituality is regarded as one of the five pillars of Islam, and Muslims fast from dawn till dusk. This also means a shift in work schedules for many, with those fasting working shorter hours.

So, what does it mean for PR in Muslim countries or regions such as the Gulf? Here’s my guide to media relations in Ramadan below.

A season for greetings

It’s usual to receive two sets of greetings during Ramadan. The first is at the beginning of Ramadan, where people wish one another a happy or beautiful Ramadan (we usually say Ramadan Kareem). The second message is shared at the end of Ramadan, for Eid, the festival which marks the end of the month.

The Middle East is a society built on relationships, and it’s no surprise that many PR professionals send out such greetings to media to build their relationship with those in the media. A decade back, I used to receive greetings the old-fashioned way, in paper format. Today, I’m much more likely to receive an electronic version, either shared by email or via instant messenger.

Here’s two sample Ramadan message designs for you.

The start of Ramadan is marked by a crescent moon, and this image is commonly used for Ramadan greetings

Besides the crescent moon, there’s many different images associated with Ramadan. Another common image is the mosque, the place of worship for Muslims.

The Iftar or Suhoor Gathering

It’s also common to invite media to an Iftar, the meal which breaks the fast at sunset. The Iftar and Suhoor, which follows the Iftar later in the evening, are occasions to engage with others. PR agencies and clients will often invite a group of media to dine with them.

What’s great about a media Iftar is the opportunity to meet with and talk to journalists in a relaxed atmosphere, without the need to discuss work. The Iftar and suhoor gatherings are a great opportunity to build relations with key media contacts for an hour or two.

There’s other occasions during Ramadan, which are unique to certain parts of the region. In Bahrain, Kuwait and Qatar, many firms celebrate with their employees or media during a Ghabga, which is a gathering between Iftar and Suhoor. Whatever they’re called in their respective regions, make sure you know these events and how you can use them for media relations.

The Media Working Hours

Many companies reduce their working hours for those fasting (some reduce the hours for all employees). I asked three media people, one in a newspaper, the second from TV, and a third from a magazine, about how Ramadan changes their operations. Their responses are below:

  1. The Newspaper Editor: Working hours do change, and they don’t. My organization reduces hours like everyone else, but reporters must still find stories to fill our pages. The paper still has to come out. We try to reduce the workload but we still have to provide coverage. We’re less demanding on how many stories they file, but since there are fewer press conferences and events, reporters really have to go the extra mile to find people to talk to. Page counts come down slightly on slower news days, but that usually just means fewer international stories for the editors to source. But deadlines don’t change, reporters must still file stories, and the presses still need to be fed. And in the unlikely event that something big breaks… it doesn’t matter if Iftar is in 15 minutes. We want that story. Now, before competition gets it.
  2. The TV Editor: There aren’t many operational changes. Working hours are reduced for those in admin and management positions. For the editorial and operations teams, the hours are the same as outside of Ramadan. The biggest change is that we shift shows around, so the morning show is moved even earlier. Other program timings may change too.
  3. The Magazine Editor: There’s really no change to how we work in Ramadan.

Ramadan Themes

The other major change during Ramadan is a shift in coverage. Top of the list are issues related to Ramadan, such as charity, spirituality and other related issues. A simple example of a charity initiative is shown below.. The Dubai-based Virgin Megastore launched an initiative called Pay it Forward, in collaboration with delivery service Fetchr, to support the Dubai Foundation for Women & Children, which provides protection and support services to victims of domestic violence, child abuse and human trafficking.

Unsurprising, there’s less discussion about certain subjects (think alcohol, conspicuous consumption on luxury goods, and other issues which contradict the spirituality of the month). Many have come up a cropper on this issue, such as the below which was put out by a hotel in Dubai.

Atelier was criticized on social media for its gold-themed Iftar (and for the advert also mentioning alcohol)

Make the most of the holy month

Ramadan is a great time for engaging with media, and building relations. I hope that you’ll enjoy this time of year as much as I do, both for the spirituality of the occasion as well as the opportunity to see media friends.

The End of An Era as the D’Abo sisters and Jason Leavy leave Edelman Dabo

Dabo Picture

The D’Abo sisters, Jason Leavy and the whole team at Dabo took on, and often won against, global agencies in the region (picture source: Pinterest)

Many in the region’s PR industry will have learned over the past 24 hours that Camilla and Lucy D’Abo are leaving the agency they founded 13 years ago. Jason Leavy, who headed up the agency and then led the brand team after Dabo was acquired by Edelman.

It’s fair to say that the D’Abo sisters and the agency which still bears their name transformed  the PR industry in the Gulf. Whilst Dubai has always been a hub for the comms sector – there’s at least a hundred agencies in the city – there’s always been a stark gap between locally-established firms and global names.

What the sisters were able to do, and what Jason Leavy was able to build on when he joined in 2010, was to establish an agency which grew in size thanks to the quality of the work produced by the entire team. Dabo regularly won business from and against global agencies, and the firm’s headcount grew to over a hundred. They showed that it was possible to build an agency from the ground up that didn’t compete on price, but on the quality of their work. Others have followed them, but they’ve always set the standards as to how an independent agency should run.

After the acquisition by Edelman in 2015, there was also going to be change; it’s rare for founders to stay on for a lengthy period of time. Likewise, Leavy will also be missed. His drive and passion, and his experience and knowledge of the publishing and public relations sectors set him apart from many agency heads.

I’ve leave the last word to one of the founders. I wish them and Jason all the best in their new adventures. “We leave a combined business that offers the very best integrated brand service in the market,” Camilla d’Abo told the Holmes Report. “Our teams and clients are in great hands. This is not a decision we have come to easily, but we both feel that now our commitment to Edelman is complete it is time we explore new opportunities.”

 

 

The National, City 7 TV and the Quest to Make Media Profitable via Digital

Both The National and City 7 TV will be letting go of many editorial staff as they look to restructure (image source: Arabian Business)

The past couple of weeks has been tough for many colleagues in the UAE media industry. First, information was leaked about job losses at the Abu Dhabi-based, English language daily The National. The reported job cuts follows five months after the paper’s purchase by International Media Investments (IMI), a subsidiary of private investment firm Abu Dhabi Media Investment Corporation (ADMIC) from state-owned Abu Dhabi Media Company (ADM). At least a quarter of the editorial staff will be leaving The National by the end of June 2017, as the paper’s owners support a “digital transformation” at the paper.

“As part of this transition, over the past few months, IMI has finalised its new vision for The National, supported by a robust editorial strategy to ensure that The National fulfils its potential as a premier English language source of news about and for the Middle East,” a spokesperson told the AFP.

Abu Dhabi Media Investment Corporation also owns a majority stake in Sky News Arabia, and a project team has been set up to aid the “digital transformation” at The National.

The second news story over the past week were job cuts at Dubai-based English language television channel, City 7 TV. The channel has been sold by BinHendi Enterprises to WeTel-TV, a TV platform for global educational news and current affairs. A number of the editorial team have left as the channel focuses on education.

For many media outlets, the focus is increasingly on profit. In a region which is going through austerity, and where media ownership is primarily in the hands of government (for newspapers and television at the very least), there seems to be a rethink among many outlets as to how to reduce costs. As with every other region, digital is waved as the answer. However, even global titles such as the Wall Street Journal, the New York Times, and the Daily Mail have struggled to turn a profit online. Digital revenue streams simply aren’t going to replace lost print advertising any time soon.

The other question that The National’s media owners need to ask is how will the loss of so many journalists impact editorial quality? When it comes to media consumption, online is no different from offline; readers want good content. How that content is delivered is obviously different, but the demand for good media will remain. And will there be a logical approach to a “digital transformation”, that combines both The National’s quality copy with the multimedia abilities of Sky News Arabia? An Abu-Dhabi based rival to AJ+ would be an exciting proposition, and I hope that The National has a strong digital enabler at the helm.

Whatever happens with both publications, my thoughts are very much with those people who are leaving. I hope that you’ll find new employment soon.

Expats, Localization and the Need for Balance

The marcomms industry can and should benefit from both local talent as well as foreign expertise (image source: The Daily Telegraph)

There are some places that are so inspiring, they fill me with passion and energy. I just love working with colleagues and friends in London and New York. Their creativity and insights are exceptional. What strikes me most about these places is their ability to absorb talent from abroad, to the extent that you can’t even tell who is the native and who is the immigrant.

Whilst there’s much to admire about how the region’s marcomms industry has developed, there’s still much work to do when it comes to marrying local insights and talent with foreign know-how. For years there’s been a divide between the Gulf’s public and private sectors: the public was staffed by nationals, and the private by expats. Whilst there were exceptions, this was the norm.

There have been changes, both good and bad. The economic changes in countries such as Bahrain, Oman and Saudi, combined with the increasing number of local marketing and communications graduates, have helped to increase the number of nationals working in the private sector. An insistence on hiring nationals in both government and semi government organizations have led to there being fewer expats in comms and marketing roles in both Abu Dhabi and Doha. For many multinationals, there’s still an over reliance on expat communicators, many of whom don’t know or try to learn about either the local language or culture.

I’ve always believed that there should be more locals in marcomms in the Gulf (one such person who is an inspiration to me and who I will always be proud of is my wife, who is both a local and who heads up marcomms for a multinational across the Middle East region). However, we need to place people based on merit, and we need to have structured succession planning in place. Both are missing today, across the public and private sectors.

Let me highlight my point. I live in a city which wants to be a global hub, attracting investment and tourism from abroad. That city’s government has been prioritizing national hiring to such an extent that it’s rare to find a foreigner in a mid or senior level comms post today in either a government or semi government role. What has happened is young nationals who don’t have the necessary experience or knowledge have been brought in (or roles have been left open), and as a result the work done and respect given to the function has dropped. There’s less diversity and inclusion in these government organizations, leading to a lack of understanding of foreign audiences and stakeholders.

I’ve also come across countless multinational executives who don’t understand the importance of hiring local knowledge. To them, global strategy only needs to be translated. There’s no understanding of local insights, and an inability to communicate with local audiences because of the lack of any marketing or communications people who are from or connected to the local population. I’ve known regional comms people in the private sector who’ve never even gone to Saudi, despite it being the biggest market in the Gulf. It’s all too easy to manage issues remotely, and let the agency deal with an issue.

We’ve got to change these two approaches in the region. There needs to be a balance, an understanding that foreign expertise is often needed whilst initiatives are created to support knowledge transfer to capable locals. Rather than replacing foreign expertise overnight (which has happened in some places), let’s get these professionals to pass on their expertise through job shadow programs, teaching and mentoring. In one of my previous roles I was asked to do this, and I considered it part of my role in developing the local profession. Others should do the same.

Our region can be as diverse and as exciting as London and New York, and I don’t see why the marcomms industry should be any different. Let’s start making use of both local insights and foreign experience, and combining them to create better work. We need balance in approaching this issue. As always, I’d appreciate your thoughts on this issue.

The rise of the Khaleeji Woman as online content creators (part two)

As it’s International Women’s Day, I couldn’t wait any longer and, I’ll be brutally honest, I wanted to see lots of cake porn! Here’s the second of a two-part guest blog on how women across the Gulf are using social media and their skills not only to create entertaining and informative content, but to also earn a living. In this second post, Paul Kelly, creative director and co-founder at Digital Ape, argues that brands need to rethink how they both develop and execute content creation strategies with online female content creators in the Gulf. Enjoy the read, and let Paul know what you think!

During the last post, we discussed a survey of MENA based women, and their attitudes to content, particularly food content online. This week we will focus on the content creators who these surveyed women follow and imitate. We will look at how they are creating engaging content and why that matters for brands and publishing houses alike.

How are they doing it?

People are attracted to people. If I can find someone online, who understands what happens in my day, speaks my dialect and knows what I need better than say a publisher in Dubai, then I will follow their content, and my friends will too.

Women across the GCC are doing this in their millions, Khaleeji women want to see themselves reflected in their entertainment, and they want advice and recommendations tailored to them. Gone are the days when they must consume content created by an American in New York, and served to them on TV or in print. Women from the UAE to Saudi and beyond and seeking out other women who look like them, speak like them and understand their lives.

This I believe is one of the reasons why old fashioned publishing houses, should be quaking in their boots. As much as we try, Western or Levantine men in Dubai will never truly understand what Khaleeji women want in entertainment content, and now that they have a choice, these women will choose to consume content made by their peers and when that happens at scale, these content creators become publishers in their own right.

A content creator who builds an audience and keeps them engaged is no different to a publisher, and creators with a female Khaleeji audience, have an audience underserved by content, and exponential growth rates equal revenue.

The train-wreck.

So how has it come to influencers being ridiculed for their work? Worse still, how has it come to people calling themselves influencers, buying audiences and getting a free meal ticket?

Aside from the typical Dubai-syndrome of echo chamber marketing; it’s a mix of naïve marketing managers chasing trends, agencies ill-equipped for creative relationships (trying to replace banner ad revenue) and people who see social media as a shortcut to making a quick dirham.

Instead of actively investing the time needed in these powerful communities, brands, in place of real strategies, throw wads of cash at so-called influencers and hope for big results, often leading to disappointment.

At Digital Ape, we’ve got this down to an art. Just like money is a hygiene factor when it comes to employment, so too is it when it comes to dealing with real people creating content. It’s about giving content creators what they need; Props, filming equipment, sessions with filmmakers, assistance in real-time sessions with editing, contract help, this way everyone gets the best of the relationship. Creators develop better content with help from the brand thereby growing audiences, which in turn helps the brand. Women develop a revenue stream from content that fits and that the audience understands. This isn’t horse trading it’s about developing a win-win situation for creators, brands and audiences.

Find the fit for your brand by having an empathetic network of people to draw on, then seek out their audiences. Work WITH them. Don’t use influencers, work with your content creators. It’s an investment that pays handsomely.

 The future.

It’s no surprise that local publishing houses are scrambling to get on board with the creator craze – they after all, were the content creators and influencers of an older generation. Less able to respond to a new reality of screens and pixels, and even less able to understand how to convert revenue from the eyeballs they’ve been left behind as content becomes borderless and habits are quickly changing.

After all, is what someone like PewDiePie doing any different to what VICE was doing in 2010? Arguably with 54mn subscribers (at time of writing) on YouTube he has as much impact as a medium sized cable network. Is Kim Kardashian any different to Hello! Circa 1998? Her ability to shift units of anything she sells is phenomenal.

Some will argue until that until we have proper regulation in the GCC we’ll never achieve a level of sophistication that will mean any content creator is taken seriously.

Forget that.

What I am, and us at Digital Ape say, is that the content creators are the new publishers. Instead of being locked up in an edit suite at MBC, they are at home in their own bedrooms with their phones, doing the exact same thing, for an audience which increases with every post.

What we are seeing is a new model of content democracy where the 1% who make the content for the 99% are now starting to take back their revenue. Where once it was the Newscorps or CNN’s or ITP’s relying on their talent to sell time, space or inches, it’s now the Felix’s, Rayyan’s and countless mothers, wives and daughters who have a passion to create that will shape our entertainment for the next 20 years.

Digital Ape’s research with MENA women underlines the role digital plays in offline purchase intent