Impartiality in the Middle East – Is Facebook’s Content Plan Doomed to Fail?

Even Lady Justice would struggle with Facebook’s latest idea to moderate content

I love the idea of impartiality, that notion of fairness above all, of equal treatment of all rivals or disputants. The notion of impartiality is difficult to define in practice; we all have our biases. And then there’s the politics of any given situation. It’s fair to say that, given global events, impartiality is becoming increasingly hard to come by. This is especially the case in the Middle East, where the number of conflicts and disputes is sadly increasing between neighbors and nations. It’s becoming increasingly difficult to be perceived as impartial.

Of course, social media hasn’t helped. Social media is the metaphorical can of kerosene that makes disputes explode across cyberspace. But now, the social media companies want to start cracking down on content that fuels hatred and extremism. What is Facebook’s idea? To introduce “an independent oversight board of experts to review its content decisions.”

In a fairly wide-ranging interview with Abu Dhabi’s The National, Brent C Harris, Director for Global Affairs and Governance at Facebook, spoke about Facebook’s plans to reach out to stakeholders who’d play a role on this oversight board. I’ll quote from him.


The company is embracing a wider set of approaches for how it operates. Our CEO Mark [Zuckerberg] had a comment on the earnings call recently where he talked about how, for when we launch products now that touch societal issues, we are going to go out and consult on them and think in advance about how to build them.

We had discussions pretty much every week internally, and one of the ideas that was proposed was that we should create some board to do a review of really difficult content decisions. I think there was an emerging consensus that it was something worth trying and worth building.

There was a growing sense that the [content] decisions we were taking are ones that we shouldn’t make alone and I don’t think that speaks to any single issue. It is about a growing belief that we don’t believe the decisions should sit solely inside Facebook.

A lot of the matters that will go before the board are the hard questions of trade-offs between those principles and trying to figure out for a specific piece of content, where do you set that line? That line is a hard one at times to figure out.

There has also been fairly consistent set of feedback that the people who should serve [on the board] should be folks who are deeply deliberative and who are impartial.

While I usually applaud any social media firm for opening up and engaging with more transparency, this suggestion of an “impartial board” is also dangerous. Who decides who and what is impartial? Given what is happening in many regions, including my own, how will Facebook ensure that politics doesn’t seep into discussions? Many state actors have manipulated social media for their own ends, and Facebook itself has a terrible track record of sustaining partners with external stakeholders (mainly because it doesn’t seem to listen, just ask Snopes). And, how do you define impartiality in a region which has never been so afflicted by political and sectarian differences?

If they’re going to be transparent about this issue, then Facebook needs to go all in and clearly state who they’re meeting and why (particularly in regions where there’s little to no independent civil society). Otherwise, it just strikes me as another public relations exercise rather than a workable plan which will produce the intended results (and given trust in Facebook is probably at an all-time low, this is not what they need).

And, speaking as a person who cares deeply about the notion of impartiality and fairness on social media, the last thing we need is more news columns on bad ideas which won’t deliver in practice. Facebook, prove me wrong.

Careem and Uber – Lessons on how to do Acquisition Communications

Uber’s acquisition of Careem was a masterclass in how to do M&A comms. Careem’s message (and who delivered that message) didn’t help to assuage unhappy customers

We’re a couple of weeks in, and the whole swell of media attention has gradually faded out. The mammoth US$3.1 billion deal by Uber to purchase Careem made headlines globally – it was the largest in the Middle East for a tech startup, and it focused the world’s media on a regional success story. The deal also comes before an IPO that will catapult Uber into the big leagues of the multi-billion dollar tech firms who have gone public. It’s unsurprising that so much attention was paid to the deal between the two dominant ride-hailing apps in the Middle East.

For those of us in the region, what’s also unsurprising is the feeling that many have for both brands. Uber and Careem are Marmite brands, with Middle Eastern consumers either loving or hating them. Some will swear by Careem, and refuse to take an Uber. Given the strength of brand loyalty, it was especially important that the two companies, communications functions and executive teams get the messaging right.

Lessons from Uber – Speed Matters, Keep It Simple and Engage Everyone

I’ve lost count of the number of times that a deal between Uber and Careem has been talked about. I’ve even joked with journalists who seem to get constantly misinformed by the comms teams at the firms. There were leaks, but many of us took the latest piece about any deal with a pinch of salt. When news of the deal was broken on the 24th March by Bloomberg, it seemed different. There were specifics in terms of numbers, on how the Careem brand would disappear into the Uber operation, and on how all shareholders needed to be informed.

Two days later, the deal was confirmed. Uber announced the deal. The format was strange for many of us here, where social media dominates. Instead of a tweet, Uber sent out an email. The copy was short but succinct, with the option of clicking through to Uber’s website. The emailer can be seen in full below.

The email’s message was repeated throughout social media. Uber’s CEO
Dara Khosrowshahi has spent ample time here in Dubai, both giving media interviews to regional press as well as the global newswires, as well as meeting with government bodies to reinforce media interviews to reinforce the message, and government engagement as part of an engagement tour.

On a side note, Uber’s CEO is a dream executive for communicators. He’s composed on camera, he sticks to the message, and he leans in, showing respect for those he’s engaging with. It’s a stark contrast to how things used to be at Uber.

Lessons for Careem – The Messenger Matters

While Uber was straight out of the blocks with a coordinated message, Careem amplified that message through its own social media channels. However, the response was mainly negative, with many users fearing that Careem would become Uber. The Careem comms team understood this, and their messaging was focused on Careem remaining independent post merger.

While this approach makes sense, what they failed to do was personalize the message. They should have used their CEO Mudassir Sheikha to record a video message about the acquisition, focusing on why it made sense for Careem and how the company would be staying independent (they could have also turned to their Saudi co-founder Abdullah Elyas to record the same message in Arabic).

Personal messaging matters to the public – they need to see and hear a person they know, rather than a brand. Given the importance to Careem customers of independence from Uber, I ‘m not surprised that an email from Careem’s CEO to employees ‘was leaked’ to the media last week, which re-emphasized that the company will operate as a stand-alone entity (nothing leaks, unless you’re Julian Assange or the White House). The fact that Careem’s comms missed the mark on the independence message on the first day of the deal means that they’re going to have to repeat this message. The lesson here is get the message right the first time around.

What’s also fascinating is to see how Careem’s own users shared messaging the company put out in 2016, focusing directly on how it was better than Uber. The advertising wasn’t so subtle, as you can see from the video below which is still up on Careem’s Youtube site.

Consumers remember what a brand does, especially when it involves direct attacks on competitors. That’s why such activities are pretty rare. Now that Careem is part of Uber, I’m a little surprised these ads are still up on Careem’s social media. Maybe it’s time the team remember that they shouldn’t only look ahead in their messaging, but they should also look behind to what was done previously to see if it doesn’t impact their current messaging.

That’s it from me. If you have any insights you’d like to share, please do get in touch!

Sondos Al-Qattan: Lessons from a social media star and a self-made crisis

Will brands continue to work with Sondos Alqattan after this outburst?

It’s news that has gone global, from CNN and Buzzfeed in the US all the way to Manila. No, it’s not movement on the Middle East peace process, or an update on the fight against extremism. Instead, the headlines are being made by a social media star and her views on a specific nationality. I’ve lost count of the number of articles and videos I’ve seen that have featured Sondos Al-Qattan, a Kuwaiti national and make-up tutorial social media star who has 2.3 million followers on Instagram. Sondos is one of the original social media stars; she’s worked numerous beauty brands, and she’s made significant money doing so.

Given this, you’d think she’d have some savvy when it comes to what she says online. This doesn’t seem to be the case. On the 14th of this month Sondos spoke against the new laws put in place by the Kuwaiti government governing the treatment of Filipino workers in the country. To put it mildly, Sondos wasn’t pleased. A video of her was shared where she criticized the new laws. To paraphrase:

“For people who want to get a Filipino domestic worker, what are these ridiculous work contracts you’ve got to sign? The woman I met with was reading out the rules to me and I was shocked. Put aside that they need to be given a break every five hours, that’s normal. But, how can you have a ‘servant’ in your house who gets to keep their passport with them? Where are we living? If they ran away back to their country, who’ll refund me? Even worse, is that they get a day off every single week! What’s left? Honestly, with this new contract, I just wouldn’t get a Filipino maid. She’d only work six days a week and get four days off a month.”

The condemnation was swift, both in the media and on social platforms despite the original clip being deleted. The video below is just one example of many of how she’s been criticized.

What’s telling about the case isn’t just how to get yourself in trouble online. The Sondos incident is a wealth of lessons, for both communicators and social media influencers.

  1. There is no Local – Sondos may have thought that she was addressing a local, Kuwaiti audience (she was speaking in Arabic on a local Instagram account). However, there is no local online. Her comments were widely shared, and translated. Once they were translated, her views went global.
  2. Audience is Authority – If this was a Gulf national with a couple of hundred followers, it’d have been dismissed. With a following of over two million, this would have never been the case with Sondos. Social media influencers (and brands) must understand that people are hanging on your every word, both good and bad.
  3. Brands will make a Choice – With her words, Sondos offended a whole nationality, a population of over 100 million who spent over 1.28 billion dollars on imported makeup in 2015. Brands who work with Sondos, the likes of Phyto, Max Factor and others) will quickly decide if they want to put their sales in danger (they should have already put out statements by now, especially given the number of calls for boycotts on her YouTube pages). Brands who are looking to work with social media influencers are increasingly understanding the need to do safety checks; if an influencer has said something negative, brands will simply not work with them.
  4. Stop Digging – Sondos has done pretty much everything she can to nullify criticism. She’s turned off comments on her Instagram page, her Twitter account is private, and she’s not responded to any media queries. A new video has been posted tonight by Kuwaiti newspaper Al-Qabas in Arabic, where she basically repeats her initial messages and adds that she sees the media coverage as a good thing as it’ll make the Kuwaiti government take action on behalf of those who hire Filipino maids. Some people just don’t learn.

This issue may go away in a couple of days – people have short attention spans. But in a world where there’s no concept of local, Sondos would have been best advised to listen to the criticism and apologize in English for her views. As it is, I don’t see how she can continue to work with global brands when she herself has become a toxic brand.

A how-to on the UAE’s “Social Influencer” Licensing & three outstanding questions

It’s almost Ramadan, the time of year when we post and pray. This year’s Ramadan may be a little different, possibly more stressful for some. Under regulations introduced in March by the UAE’s National Media Council (NMC), those making money to promote brands will need to be signed up with an e-media license by June or else face fines and other sanctions.

In the rest of this post, I’ll share the definition of what is an influencer as per the NMC, the process to get certification, as well as three questions I have on issues which maybe aren’t addressed or which have not been talked about. Thank you to Lexis Nexis and Fiona Robertson at AlTamimi for the below.

Who is an “influencer”?

The legislation is straightforward as to who is covered. To quote from the National Media Council:

“Any person who practices the above-mentioned media activities on Social Media, on a commercial basis, shall obtain a prior license from the Council, provided that:
1. It shall have an account on the generally recognized Social Media;
2. Ads that are presented on Social Media shall be subject to the advertising standards that are applicable at the Council;
3. Social Media accounts’ owners who offer paid advertising services shall obtain a license from the National Media Council in accordance with the applicable regulations in this regard and hereunder.
4. The account owner is responsible for the content of the account.”

 

The resolution covers all electronic media across the country. And the NMC defines electronic advertising as “any paid or unpaid form of presentation or promotion of ideas, goods or services by electronic means or network applications”.
For a person to get an e-media license, they’ll also need a trade license. The cost of both will be a minimum 30,000 Dirhams depending on where you buy your trade license (the e-media license is 15,000AED).

How do you get a License?

Below are the requirements and the process to follow to apply for an e-media license:

e-media license

The three questions

I’m sure there’s lots of questions from people who work in the marketing and communications industry on this new legislation. My three are:

  1. How does this cover children? There are some child stars in the US who have made millions from social media. Think of “Toys Review for kids by a kid!, for example (the six year-old child and his family have made in excess of 10 million dollars). Does the legislation cover this? There are young social media players here such as Rashed Belhasa who I assume are putting out paid content.
  2. What happens to those pushing out content on behalf of employers? The definition of electronic advertising is wide enough to ask me this question. Many employees share content from their employers. I’m assuming this won’t come under the purview of the NMC, but it’d be good for them to explicitly say so.
  3. Is this a blow to the concept of micro-influencers? The idea of people with smaller followings online, say 20,000 on Twitter and Instagram, working with brands has become popular over the past year. Often these people don’t take much money in return for sharing any content or working with a brand. Would they be able to afford the licensing? In addition, would an influencer agency want to take them on board, and bevvy up the cash with the prospect of getting a lower return than working with someone more established, with stronger brand appeal and a greater number of followers?

I guess we’ll find out how this all plays out soon. In the meantime, Ramadan Kareem!

Research: Online Influencers in the UAE widespread, but measurement & transparency still lagging

InfluencerMarketingResearchBPG

The latest research by BPG, Cohn & Wolfe and YouGov underlines how mainstream online influencer marketing has become. It also highlights areas for improvement in areas such as measurement and transparency

If you needed any more evidence that online influencer marketing is here to stay, then continue reading. The latest research by BPG Cohn & Wolfe and YouGov answers a host of questions as to what is happening on social media channels, and raises even more on areas such as measurement and transparency.

Sampling over 100 in-house marketing and communication experts and brand managers across a diverse range of industries in the UAE, the results show that influencer marketing is very much mainstream:

  • 94% of polled marketeers say engaging with social media influencers benefits their brand
  • 49% currently work with social media influencers in the region
  • 43% spend up to US$10,000 per social media influencer campaign

That’s the good news (especially if you’re an ‘influencer’). The reasons behind using influencer marketing and engagement are a little more varied, as you can see below. The top three reasons for using influencers are 1) to reach various groups and demographics, 2) boost a brand’s presence online, and 3) a complement to traditional advertising. As for what influencers will be doing, they’re most likely to be 1) mentioning brands, 2) providing event coverage, and 3) reviewing products.

The Value of Influencer Marketing

There are of course challenges. Firstly, there’s not a big pool of influencers, and those who are in the market focus on specific areas (fashion, food, cars… repeat). Over half (55%) of those polled said the biggest challenge they face is finding relevant influencers. Putting two and two together, this challenge may partly be of our own doing; it seems that rather than working with those who could be defined as micro-influencers, marketers and communicators want influencers who have a large audience. The second most common challenge (41%) is negotiating terms and conditions, which would suggest that most influencers are working freelance. This has to change next year – the introduction of VAT should mean that those influencers who are paid financially will have to register their own company or work through an agency.

most successful influencers

And then there’s the issues of money and measurement. While budgets would seem to be growing in this area – most budgets are now between 1,000 to 10,000 US dollars – social media influencers are most likely to charge per post or video (47%) or by an exchange of free products and experiences (47%), closely followed by cost per engagement (41%). There’s less of a focus on cost per click or cost per acquisition engagement, suggesting that whoever is negotiating isn’t familiar with digital advertising (both these models are the most commonly used sales models in digital advertising).

social media charging

And then there’s outcome measurement and transparency, two areas that show some concerning results. Just over a third of respondents (37%) said they’re measuring the ROI of their spend on sales and business results (I’d have hoped for a higher number, especially on the consumer side), followed by engagement (29%), and traffic to websites (18%). When it comes to disclosure, of influencers having to write that content is sponsored (which is a legal requirement in some markets such as the US and the UK, and is legally required of firms who are publicly listed in those countries), we must do better. Just under two-thirds (63%) sometimes request influencers to publish a disclaimer. Almost a quarter (24%) never influencers to publish a disclaimer. This isn’t my idea of transparency, and this will have to change if we’re to gain the trust of the people we want to engage with (it may also change next year when new legislation comes in).

measurement & transparency

So there you have it. If you’d like to see the survey summary then please do visit the MEPRA website. I’m also including a link to the Influencer Marketing Survey raw data here.

If you work with influencers, or are defined as one, then what do you think about these results. Do they bear out to what you see, especially in terms of platforms being used (Snapchat at 2%, and Twitter at 10%) and how influencers are engaging online? And how would you like the industry to evolve? As always, do drop me a line. I’d love to hear from you.

The Art of the Pitch – Advice from UAE Media on what works, and what doesn’t

keepcalm

The pitch – these two words can strike fear into the hearts of a PR executive. And with good reason; journalists can tear a pitch to shreds in the time it takes you to read this sentence. Perfecting a pitch doesn’t need to be hard. But don’t take my words for it. I’ve asked four Dubai-based journalists to talk about the best and the worst pitches, as well as what advice they would proffer to people working in public relations. Thank you to the journalists who shared their answers (disclaimer: no PR people were hurt during the writing of this post). Here we go!

  • What’s the best pitch you’ve received?

Journalist 1

It was from Rachel Maher at PHD UAE.

The pitch was regarding coverage for PHD’s upcoming Brainscape conference. The theme of the year was ‘AI’. She took the time to go through my editorial calendar, factor in the deadlines, and then approach me with a few initial ideas on how we could work together. She then met for a coffee to further brainstorm and was perfectly happy to be part of another feature I had planned around AI – instead of expecting and insisting massive coverage on the event alone.

To summarize, what I liked was:

  • Factoring in the magazine’s timelines
  • Brainstorming to see what works best for the title – not just the company
  • Supporting with contacts and relevant material
  • Not expecting and insisting on exclusive coverage; instead collaborating and adding value to the magazine

Journalist 2

I don’t think there’s been a ‘best’ pitch that has stood out for me – sorry!

Journalist 3

No particular pitch is very memorable – but I’ll tell you the most successful ones were the simplest. “Hey, saw you had a story on X yesterday. Would you be interested in a follow-up/ related story.” Provided they’re telling the truth, I’ll likely stop what I’m doing to listen.

Journalist 4

Best pitch was possibly from a junior PR girl at MSL handling Cadillac, who had found the “Penalty of Leadership” ad and suggested getting the Cadillac marketing manager to write about how it resonates today. I was impressed because it was about advertising, not about the car, I’d not seen the ad, and it was a bit random. Mind you, they never filed. But I was impressed at the pitch.

  • And Worst pitch:

Journalist 1

Honestly, too many to name, so here’s are the kind of pitches that really suck:

  1. The one where they just name the client and state that they want exposure (duh!)

Getting exposure for the client is a PR agency’s job! It’s also their job to figure out how. A generic email stating that we have XYZ client and want to get them featured – without mentioning little else – is frustrating, to say the least.

  1. The one where the client wants control of everything

The client decides when, what and how, they’ll contribute without any regard for the title’s editorial style and/or guidelines. I’ve had several people call asking (rather rudely) why a comma was changed or why a sentence was paraphrased… please, let editors do their jobs!

  1. The one where the agency knows nothing

I’ve had PR folks reach out with random pitches from artificial insemination to the hottest ladies’ night out. While the latter is helpful personally, I don’t know how it’s relevant to the magazine. So, in some instances, I ask which section they’re pitching this for. Of course, the replies are sections that don’t exist.

  1. The one where they overestimate their client

As harsh as this might sound, sometimes a company/spokesperson is just not worth being featured. They don’t have anything interesting or new to offer – even if the topic fits within the editorial structure of the title. PR folks refuse to understand the shortcomings of their client and get extremely pushy by suggesting different angles and story ideas.

Journalist 2

LITERALLY everything in October that’s centers around Breast Cancer Awareness. From pink cupcakes to pink drinks to yoga on the beach, there’s absolutely no connection and it’s just a way for brands to peddle their name for the month.

Journalist 3

I am actually failing to come up with the example of a really bad pitch. I think it’s because I’ve heard so many bad pitches over the years, I assume that everything is a bad pitch; as a result, I only listen for about 10 seconds. If the PR hasn’t gotten to the point, I either ask them to get to the point NOW (if I sense there may be some usable behind the rambling) or just shut them off. If I shut them off, it means I’ve probably forgotten about them about 10 seconds later.

Journalist 4

So many! One girl pitched me the new line of Samsonite suitcases and I asked her where I should run it. “The Business News section,” she suggested. (I was on Communicate then). I told her I couldn’t find that section, so she said wherever I saw fit. I said the back page, Dish section would probably be best. She agreed. Then when I ran the conversation in full on our back page, her boss called me to say she was in tears. Should he fire her? No, I said, as she’s guaranteed to always read the mags she’s pitching to from now on. I felt like a bit of a shit, though.

  • What’s your advice to PR people re pitching to media

Journalist 1

Be considerate. As cliché as it sounds, please understand the pressures under which journalists and editors today are working. Stop wasting their time with numerous calls; a barrage of emails; irrelevant messages; and being pushy.

Be relevant. Do your research, go through a couple of previous issues (not just the most recent one), and then see how you can add value. Your job is to get exposure for your clients, not ours. Figure out how. We’d be happy to work with you, not do your job for you.

Push back. Sometimes, you know your client is wrong. Let them know. And if you can’t, don’t approach with us something you don’t believe in yourself.

Know how much is too much. I can’t say this enough but please stop calling, emailing and Whatsapping…all at the same time!

And most importantly, you don’t always need to pitch! The best PR folks, in my opinion, are the ones who are responsive, quick and present when journalists and editors need a comment or contribution.

Journalist 2

Know. Your. Audience. I don’t want to receive pitches or releases about going back to school or the latest women’s fall collection if that’s not what I write about. Also, if you’ve emailed me about something, there’s absolutely no need to give me a phone call a few hours later to see if ‘I’ve had a chance to review the email’. If something really does interest me, I will respond and take things forward myself.

Journalist 3

Get to the point. Be honest, even if you think it means I won’t be interested. Be ready to accept rejections (I’ve send emails telling me entire dept to ignore emails from a PR if – after getting a no from me – they try to go around me to another editor or reporter. Deliver on what you promise.

Journalist 4

The usual. Know the magazine. Tailor the pitch to the readers, not to your client. No one gives a damn about how market leading your client’s solutions are; they want to be informed, educated or entertained. The point of a B2B mag is to help readers do their jobs better, not to let them ignore free advertorial.

  • Has Social Media changed the pitch?

Journalist 1

This is hard to answer because I am the social media generation. I haven’t personally experienced pitches prior to social media. Having said that, for better or for worse, I don’t see the growth of social media having any bearing on the pitching process.

Journalist 2

I thankfully haven’t been pitched too often via SM, but on occasion an agency or PR person will tweet me or send a message on Facebook saying that they’d like to connect for a story or brand. It’s certainly an easier way to connect with people, but I still think it’s better to pitch something via email or phone call (provided the pitch is relevant!)

Journalist 3

Thanks to social media, it’s just gotten more chaotic because about half the industry isn’t using social media (hi, just calling to let you know I sent you an email) and the other half hits you up on random platforms I really don’t use. I get more pitches of LinkedIn, which I hate and am almost never on, than Twitter, which I am on waaay to much.

Journalist 4

Everyone used to want to see their clients in the mag. Saying I’d use a story online would always be seen as second best. That’s because they all wanted to leave it on their desks, show it to their mums, etc. Now, it’s the opposite. They all want it online, not just in print, so they can share it with their social networks.

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

hallerandlouis_thelincolnlawyer

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.