Decree No. (6) of 2020
Regulating
Advertisements in the Emirate of Dubai[1]
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We, Mohammed bin Rashid Al Maktoum, Ruler of
Dubai,
After perusal of:
Law No. (6)
of 1997 Concerning Contracts of Government Departments in the Emirate of Dubai
and its amendments;
Law No. (3)
of 2003 Establishing the Executive Council of the Emirate of Dubai;
Law No. (9)
of 2004 Concerning the Dubai International Financial Centre and its amendments;
Law No. (17)
of 2005 Establishing the Roads and Transport Authority and its amendments;
Law No. (11)
of 2007 Establishing the Dubai Maritime City;
Law No. (25)
of 2008 Concerning the Department of Economic Development;
Law No. (14)
of 2009 Concerning the Pricing of Government Services in the Emirate of Dubai
and its amendments;
Law No. (11)
of 2010 Concerning the Licensing of Vessels in the Emirate of Dubai and its
Implementing Bylaw;
Law No. (19)
of 2010 Concerning the Dubai Civil Aviation Authority;
Law No. (13)
of 2011 Regulating the Conduct of Economic Activities in the Emirate of Dubai
and its amendments;
Law No. (7)
of 2015 Concerning Airspace Safety and Security in the Emirate of Dubai;
Law No. (1)
of 2016 Concerning the Financial Regulations of the Government of Dubai;
Law No. (8)
of 2016 Regulating the Grant of Law Enforcement Capacity in the Government of
Dubai and its Implementing Bylaw;
Decree No.
(12) of 2006 Transferring Certain Duties and Responsibilities from the Dubai
Municipality to the Roads and Transport Authority;
Decree No.
(22) of 2009 Concerning Special Development Zones in the Emirate of Dubai;
The Order of
1961 Establishing the Dubai Municipality;
Local Order
No. (30) of 1986 Concerning Control of Advertisements in the Emirate of Dubai
and its Implementing Bylaw;
Local Order
No. (11) of 2003 Concerning Public Health and Community Safety in the Emirate
of Dubai and its amendments;
Executive
Council Resolution No. (18) of 2013 Approving Dubai Municipality Fees for
Planning Applications and Advertising Board Permits;
The urban
planning and construction legislation adopted by the Dubai Municipality; and
The
legislation establishing and regulating free zones in the Emirate of Dubai,
Do hereby issue this Decree.
The
following words and expressions, wherever mentioned in this Decree, will have
the meaning indicated opposite each of them unless the context implies
otherwise:
|
Emirate: |
The
Emirate of Dubai. |
|
Executive Council: |
The
Executive Council of the Emirate of Dubai. |
|
DM: |
The Dubai
Municipality. |
|
RTA: |
The Roads
and Transport Authority. |
|
DED: |
The
Department of Economic Development. |
|
Authority: |
Any of the
authorities supervising Special Development Zones or free zones in the
Emirate, such as the Dubai International Financial Centre. |
|
Competent Entity: |
This
includes the DM, the RTA, the DED, the Authority, the Dubai Civil Aviation
Authority, and the Dubai Maritime City Authority, each within its own jurisdiction. |
|
Director General: |
The
director general of a Competent Entity or any other officer holding a similar
position. |
|
Advertisement: |
An
announcement made to the public, or to a segment of the public, to promote a
commodity, a service, an event, an industrial or commercial product, a device
or machine, an activity, work, or a project; whether in writing or in the
form of drawings, pictures, sounds, lights, or any other means of expression.
This announcement is made through the use of any Advertising Medium, whether
made of wood, metal, paper, fabric, glass, or any other material used for
this purpose. |
|
Advertising Medium: |
Any fixed
or mobile permanent or temporary medium used for displaying Advertisements,
whether a traditional or electronic medium. This includes boards, fences,
pillars, balloons, aircraft, Vehicles, Maritime Vessels, stickers, maps,
leaflets, and any other medium; but does not include newspapers, magazines,
periodicals, websites, radio, television, and cinema theatres. |
|
Advertising Material: |
The text,
pictures, symbols, logos, marks, drawings, or any other content of an
Advertising Medium. |
|
Advertising Space: |
This
includes, without limitation, commercial outlets and centres, building
façades and roofs, vacant land, Rights of Way, squares, parks, public
beaches, Vehicles, Maritime Vessels, and any other space in which an
Advertisement can be displayed using an Advertising Medium. |
|
Right of Way: |
The area
between two (2) building lines, as demarcated on the plans and maps approved
by the Competent Entity. |
|
Right of Way Airspace: |
The
airspace between two (2) building lines, as demarcated on the plans and maps
approved by the Competent Entity. |
|
Establishment: |
A company
or sole proprietorship authorised to conduct the activity of advertising for
others in the Emirate. |
|
Permit: |
A document
issued by the Competent Entity in accordance with the provisions of this
Decree authorising the display of an Advertisement in an Advertising Space. |
|
Permit Holder: |
A Person
authorised to display an Advertisement in the Emirate pursuant to the
provisions of this Decree and the resolutions issued in pursuance hereof. |
|
System: |
A central electronic
platform in the Emirate that aims at streamlining and regulating procedures
for issuing Permits and for documenting relevant data and information. |
|
Manual: |
The
procedures, conditions, requirements, and specifications that must be met for
the purpose of issuing Permits. |
|
Person: |
A natural
or legal person. |
This Decree
will apply to all Advertisements in the Emirate, including those displayed in
Special Development Zones and free zones, such as the Dubai International
Financial Centre.
This Decree
aims to:
1. preserve the
visual and aesthetic appearance of the Emirate and ensure that Advertising
Media are in conformity with its urban environment;
2. regulate
Advertisements in the Emirate in accordance with clear and specific rules and
procedures;
3. promote cooperation
between Competent Entities and the private sector in all matters related to Advertisements,
with a view to supporting marketing and promotional plans for goods, products,
services, and the like;
4. preserve the
public safety and traffic safety in the Emirate by regulating the placement of
Advertising Media on commercial outlets, buildings, vacant land, roads,
tunnels, bridges, squares, and other public places; and
5. oversee
Advertising Material in order to prevent any deceit or misrepresentation that negatively affects the public or conflicts with public order and morals.
a. No person may display an Advertisement in any Advertising Space in the Emirate using an Advertising Medium without first obtaining a Permit. This Permit will be issued in accordance with the Manual.
b. A Person who conducts an Economic Activity in the Emirate must
display an Advertisement, on the façade of his premises, stating the type of
his activity and his trade name in accordance with the conditions and rules
stipulated in the Manual.
Permits will
be issued by the Competent Entities as follows:
a. by the Authority, where the Advertisement is displayed within a Special Development Zone or a free zone, such as the Dubai International Financial Centre;
b. by the RTA, where the Advertisement is displayed within the Right of Way or the Right of Way Airspace; on the traffic and public transport systems, means of public transport, or stations of the RTA; or on any Vehicle;
c. by the DED, where the Advertisement is displayed on the façade of a commercial outlet or in a commercial centre to indicate the name and trade mark of the commercial outlet or centre, or where it appears in leaflets or stickers;
d. by the Dubai Civil Aviation Authority, in case of Aerial Advertisements undertaken by aircraft, including drones and balloons, or implemented using pointing Lasers in the skies or otherwise;
e. by the DM, where the Advertisement is displayed within any vacant land; building; or coastal area, water body, or desert area, including their structures and vacant spaces; or
f. by the Dubai Maritime City Authority, where the Advertisement is displayed on a Maritime Vessel, excluding the vessels used for public passenger transport.
A Permit
will be issued by the Competent Entity in accordance with the provisions of
this Decree and the procedures, conditions, requirements, specifications, and
time frames specified in the Manual.
The DM will,
in coordination with the Competent Entities, prepare the Manual, which must
contain all the procedures, conditions, requirements, specifications, and time
frames for issuing and renewing Permits and for displaying Advertisements. When
preparing the Manual, the following must be taken into account:
1. the type, form, dimensions, and size of Advertising Media;
2. the language that must be used in Advertisements;
3. the technical specifications that must be met by Advertising Media;
4. the Advertising Spaces where Advertisements will be placed;
5. the engineering and construction requirements that must be met by Advertising Media;
6. the environmental, urban, and planning requirements and the public safety and traffic safety requirements that must be met when using Advertising Media; and
7. the maps, plans, drawings, and other documents that must be
submitted for the purpose of issuing Permits.
A Permit
application will be submitted through the System. An application that meets the
requirements, and is supported by the documents, prescribed by the Competent
Entity will be determined within ten (10) working days from the date of its
submission.
a. The DM will undertake the set-up, operation, management, oversight, and development of the System in coordination with the Competent Entities. For these purposes, the DM will have the authority to:
1. regulate the process of obtaining Permits;
2. create a database containing all the information related to Advertisements in the Emirate; and
3. coordinate and cooperate with Competent Entities in respect of regulating Advertisements; link them electronically to the System; and collect prescribed fees for the account of these entities and pay the same to them, in accordance with the legislation in force.
b. The DM may, in coordination with Competent Entities and pursuant to
a Contract concluded for this purpose, assign any of the duties referred to in
paragraph (a) of this Article to any public or private entity. The Contract
must state its term as well as the obligations and rights of both parties, in
accordance with the legislation in force.
a. Advertisements will be displayed in the Advertising Spaces specified in the Permit.
b. Advertisements may be displayed in the following places, or on the following objects, only in accordance with the rules stated in the Manual:
1. historical and archaeological buildings;
2. places of worship and cemeteries and their surrounding walls and fences;
3. road signs and traffic signals;
4. premises of Government Entities;
5. trees;
6. prohibited areas, as per the legislation in force;
7. military zones;
8. façades of residential buildings;
9. building balconies; and
10. any places determined pursuant to the resolutions issued by the Competent Entities.
A Permit
Holder must:
1. abide by the rules prescribed by the Permit and comply with its terms regarding areas, time frames, and type of Advertising Medium;
2. follow the procedures and meet the conditions and requirements stated in the Manual;
3. not assign the Permit to a third party without first obtaining the approval of the Competent Entity;
4. state his Permit number and the name of the Competent Entity in the Advertisement as prescribed in the Manual;
5. observe accuracy, objectivity, and honesty in presenting the contents of the Advertisement;
6. ensure that the contents of the Advertisement are in compliance with the provisions of Islamic Sharia and do not conflict with public order, public morals, or the traditions of the Emirate;
7. use the Arabic language in the Advertisement. Any foreign language may be used beside the Arabic language, provided that Arabic is the main language of the Advertisement and that the Arabic text occupies at least fifty percent (50%) of the size of the Advertising Medium, occupies the upper section or the right-hand side of the Advertising Medium, and is free from grammatical and spelling mistakes;
8. ensure that the Advertising Medium does not obstruct the view of any of the places and objects stated in paragraph (b) of Article (10) of this Decree;
9. ensure that the Advertising Medium does not compromise the aesthetic appearance of the Emirate, Public Health and safety, traffic safety, or air navigation safety;
10. ensure that the Advertising Medium does not obstruct the view of another Advertising Medium or cause harm to Persons or damage to public or private property;
11. conduct periodic maintenance of the Advertising Medium and maintain its cleanliness in order to preserve the aesthetic appearance of the Emirate, the environment, and public safety;
12. keep a copy of the Permit at the site where the Advertising Medium is being built and placed; and
13. perform any other obligations determined pursuant to the relevant
resolutions issued by the Competent Entity.
a. A Permit Holder must, at his own expense, remove his Advertising Medium and restore the site in which it is displayed to its original condition within the time frame specified by the Competent Entity, in any of the following cases:
1. expiry of the Permit or of the contract concluded with the Permit Holder;
2. revocation of the Permit in pursuance of this Decree; or
3. failure to meet any of the obligations stipulated in this Decree, or non-compliance with any of the conditions, requirements, or specifications prescribed in the Permit or in the Manual.
b. No Person may remove, disfigure, or damage any Advertising Medium except in the cases stipulated in this Decree.
c. Where an Advertisement conflicts with public order or morals, the
Competent Entity must request the Permit Holder to remove the Advertisement at
his own expense within a specified time frame.
a. A Competent Entity may revoke a Permit, shorten its term, modify the area where the Permit Holder is authorised to display his Advertisement, or change the Advertising Space of an Advertising Medium or remove it, where this is mandated by planning and construction regulations or traffic safety requirements, or is required for preserving the aesthetic appearance of the Emirate. In these cases, the Permit Holder must, at his own expense, take the appropriate action to implement the relevant instructions issued to him by the Competent Entity, including removing the Advertising Medium and restoring the site to its original condition.
b. A Permit Holder to whom paragraph (a) of this Article applies will be issued with a replacement Permit for another Advertising Space free of charge, or will be refunded part of his Permit fees pro rata with the remaining part of the Permit term where no alternative Advertising Space is available or where the Permit Holder does not agree to the alternative Advertising Space.
c. The owner of an Advertising Space may not prevent the removal of an Advertising Medium in respect of which a removal decision is made in accordance with the provisions of this Decree, otherwise he will be responsible towards the Competent Entity for the removal of the Advertising Medium, at his own expense, and for any relevant violations.
d. For the purposes of paragraph (c) of this Article, the owner of an
Advertising Space means the Person who authorises a Permit Holder to use his
property or any part thereof as an Advertising Space.
Where a
Permit Holder fails to remove his Advertising Medium within the time frame
prescribed by the Competent Entity as per the conditions stipulated in Articles
(12) and (13) of this Decree, the Competent Entity may remove the Advertising
Medium and restore the site to its original condition at the expense of the
Permit Holder, and charge him additional administrative and supervision charges
of twenty-five percent (25%) of the removal costs. The total amount to be
charged in this case must not be less than two thousand Dirhams (AED 2,000.00).
The Competent Entity’s assessment of the costs will be final.
Without
prejudice to the provisions of sub-paragraph (b)(4) of Article (10) of this
Decree and to the requirement to obtain a Permit in accordance with the
provisions of this Decree, a Government Entity in the Emirate may use its
property, including real property and movables, as Advertising Spaces for
placing Advertising Media. This property will be used pursuant to Contracts
concluded with Permit Holders for this purpose, in which the consideration for
using the same and the rights and obligations of the parties are stated.
a. In return for issuing Permits and providing other services to Permit Holders, the Competent Entity will collect the fees and guarantees determined pursuant to the relevant resolution of the Chairman of the Executive Council.
b. The provisions of paragraph (a) of this Article will not apply to
Advertisements related to celebrating national and religious occasions, or
related to charitable events, provided that the Permit Holder proves that these
are not for-profit Advertisements.
a. Without prejudice to any stricter penalty stipulated in any other legislation, a person who violates the provisions of this Decree will be punished by a fine of no less than one thousand Dirhams (AED 1,000.00) and no more than fifteen thousand Dirhams (AED 15,000.00). Upon repetition of the same violation in the same Advertising Space within one (1) year from the date of the previous violation, the amount of the fine will be doubled. A fine must not exceed thirty thousand Dirhams (AED 30,000.00).
b. The Chairman of the Executive Council will determine, pursuant to a resolution issued by him in this regard, the prohibited acts and the fines to be imposed on the perpetrators of these acts.
c. In addition to the penalty of a fine referred to in paragraph (a) of this Article, the Competent Entity may take one or more of the following measures against a violator:
1. removal of Advertising Medium at the expense of the violator;
2. revocation of the Permit;
3. suspension of System access privilege; and/or
4.
suspension of the business of
the violating Establishment for a period not exceeding six (6) months.
The
Competent Entity employees nominated pursuant to a resolution of the Director
General will, each within his own powers, have the capacity of Law Enforcement Officers
to record the acts committed in breach of the provisions of this Decree, the
resolutions issued in pursuance hereof, and the Manual. For this purpose, they
may issue the necessary violation reports; and, where necessary, seek the
assistance of police personnel.
Any affected
party may submit to the Director General a written grievance against any
decision, procedure, or measure taken against him in accordance with this
Decree or the resolutions issued in pursuance hereof, within thirty (30) days
from the date of being notified of the contested decision, procedure, or
measure. The grievance will be determined, within thirty (30) days of its
submission, by a committee formed by the Director General for this purpose, and
the decision issued by the committee on the grievance will be final.
All
Establishments must comply with the provisions of this Decree within six (6)
months from its effective date. Where necessary, the Chairman of the Executive
Council may extend this grace period for the same period.
The Chairman
of the Executive Council will issue the resolutions required for the
implementation of the provisions of this Decree.
a. The above-mentioned Local Order No. (30) of 1986 is hereby repealed. Any provision in any other legislation will also be repealed to the extent that it contradicts the provisions of this Decree.
b. The resolutions, bylaws, and regulations relevant to Competent
Entities, will continue in force to the extent that they do not contradict this
Decree, until new superseding resolutions, bylaws, and regulations are issued.
This Decree
will be published in the Official Gazette and will come into force three (3)
months after the date on which it is published.
Mohammed bin Rashid Al Maktoum
Ruler of Dubai
Issued in Dubai on 14 February 2020
Corresponding
to 20 Jumada al-Thaniyah 1441 A.H.
©2020 The Supreme
Legislation Committee in the Emirate of Dubai
[1]Every effort
has been made to produce an accurate and complete English version of this
legislation. However, for the purpose of its interpretation and application,
reference must be made to the original Arabic text. In case of conflict, the
Arabic text will prevail.