Law No. (5) of
2022
Establishing
the Dubai Media Council[1]
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We, Mohammed bin
Rashid Al Maktoum, Ruler of Dubai,
After perusal of:
Law No. (3) of 2003
Establishing the Executive Council of the Emirate of Dubai;
Law No. (8) of 2003
Establishing Dubai Media Incorporated;
Law No. (2) of 2010
Establishing the Government of Dubai Media Office;
Law No. (8) of 2018
Concerning Management of the Government of Dubai Human Resources;
Decree No. (28) of
2015 Concerning Governance of the Boards and Committees Affiliated to the
Government of Dubai; and
The Legislation
establishing and regulating free zones in the Emirate of Dubai,
Do hereby issue this
Law.
This Law will be cited as “Law No. (5) of 2022 Establishing the
Dubai Media Council”.
The following words and expressions, wherever mentioned in this
Law, will have the meaning indicated opposite each of them unless the context
implies otherwise:
|
UAE: |
The United Arab Emirates. |
|
Emirate: |
The Emirate of Dubai. |
|
Ruler: |
His Highness the Ruler of Dubai. |
|
Government: |
The Government of Dubai. |
|
Executive Council: |
The Executive Council of the Emirate
of Dubai. |
|
DMC: |
The Dubai Media Council. |
|
Chairman: |
The chairman of the DMC. |
|
Managing Director: |
The vice chairman and managing
director of the DMC. |
|
General Secretariat: |
The general secretariat of the DMC. |
|
Secretary General: |
The secretary general of the DMC. |
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Media Establishments: |
The companies or other establishments
that are engaged in, and influence, the Media sector; and that are fully or
partially owned by the Government, including by the free zone authorities. |
|
Media: |
All
the human,
technical, electronic, and digital resources dedicated
for the
transmission, dissemination, printing, and distribution of written, digital, visual, and
audio content. This includes, but is not limited to, terrestrial and
satellite television and radio broadcasting; webcasting; digital casting; television
and radio production; paper and electronic press,
printing, and publishing; social media; and other present and
future media and means of publication. |
|
Affiliated Entities: |
The Government Entities affiliated to
the DMC pursuant to this Law. |
Pursuant to this Law, a council named the “Dubai Media Council” is
established. The DMC will have legal personality and the legal capacity
required to undertake the acts and dispositions that ensure the achievement of
its objectives. The DMC is
hereby affiliated to
the Executive Council.
The head office of the DMC will be located in the Emirate. Other branches and offices of the DMC may be established within and outside
of the Emirate pursuant to a resolution of the Chairman.
The DMC will have the following objectives:
1.
to consolidate Media efforts in the Emirate to adopt an effective,
comprehensive, and strategic Media vision at the local, regional, and
international Media levels;
2.
to develop the Media strategy of the Emirate to enhance its
position as a leading Media hub at the local, regional, and international
levels;
3.
to develop a system for measuring the efficiency of Media channels
and content; and to
follow up the
implementation of Media strategies to ensure their success;
4.
to boost the competitive edge of the Emirate in the Media sector,
with a view to enhancing its regional and international influence and serving
its national plans;
5.
to protect the Emirate’s reputation in the Media and promote its
success stories; and
6.
to promote the Emirate as an international hub for young Media
talents by supporting and developing Emirati Media cadres.
a.
The DMC is the Government Entity in charge of the Media sector in
the Emirate. The DMC is exclusively authorised to represent the Emirate and its
local entities before federal and local entities in the UAE, and before
regional and international organisations, with respect to all matters related to the Media sector.
The DMC will have the authority to exercise the duties and powers required for
the achievement of its objectives. In particular, the DMC will have the duties
and powers to:
1. develop, and
supervise the implementation of, the general Media strategy of the Emirate and
strategic plans for the Media sector, in line with the strategic plan of the
Emirate;
2. approve the general
vision and strategic framework of the work of Media Establishments in the Emirate, and
oversee the achievement by these establishment of the DMC objectives;
3. establish
specialised performance indicators for Media Establishments to enhance their competitiveness at the
local, regional, and international levels;
4. approve the
strategic objectives of the DMC and the initiatives, projects, programmes,
studies, and recommendations that are related to the work and activities of the
DMC and that are implemented by the Affiliated Entities;
5. coordinate, develop,
and approve the policies related to the Media sector in the Emirate;
6. approve the work
plans and programmes of the DMC; and review, and assess the implementation of, the same on an annual basis;
7. boost strategic
relationships with the local, regional, and international Media by entering
into partnerships;
8. monitor the material
printed, disseminated, transmitted, and broadcast by Media Establishments on all Media platforms within the Emirate; and take the necessary
actions in respect thereof;
9. review the fees and
charges for the services provided by the Affiliated Entities; and submit the
relevant recommendations to the competent entities in the Emirate;
10. review the performance reports of the DMC, the committees
formed by the DMC, and the Affiliated Entities; and make the necessary decisions in this respect;
11. follow up and
supervise, in coordination with the concerned entities in the Emirate, the Media
management of crises;
12. support Media Establishments and enable them to perform their role in
the society in an
environment of responsible freedom and independence while maintaining an
advanced level of professionalism;
13. approve the Media programmes, projects, and initiatives aimed at enhancing the Emirate's reputation in the Media and maintaining its positive image; and supervise the implementation of these programmes, projects, and initiatives by the Affiliated Entities;
14. approve the projects and initiatives related to
supporting, developing, maintaining, and encouraging promising Media talents;
15. study and review the
legislation regulating the Media sector, Mass Media, and Media Activities;
propose drafts of legislation that would support their regulation and
development with a view to coping with rapid changes in the Media landscape; and submit the same to the competent entities
in the Emirate to take the appropriate actions in respect thereof;
16. approve performance
indicators to assess compliance with the general policies and strategic plans
related to the Media sector; and make the appropriate decisions in this respect;
17. coordinate and cooperate with the concerned federal and local
entities on making available all information, data, and statistics that serve
the development of the Media sector in the Emirate;
18. establish companies,
solely or in partnership with other persons; and invest in, enter into
partnerships with, hold shares in, forge mergers with, or acquire shares or
stocks in, companies and corporations that conduct Media Activities or other
activities which support the DMC in achieving its objectives within and outside
of the UAE, in accordance with the legislation in force in the Emirate;
19. own and take lease
of the movable and immovable property required for the achievement of the DMC
objectives and for enabling it to perform its functions; and
20. exercise any other
duties or powers required for enabling the DMC to achieve its objectives, as
vested in it under the legislation in force in the Emirate or assigned to it by the Ruler or the Chairman of the Executive
Council.
b.
The DMC may delegate any of its duties and powers under paragraph
(a) of this Article to the Managing Director, to any of the Members of the DMC
or of the committees its forms, or to the Secretary General, provided that such
delegation is specific and in writing.
a.
A Chairman will be appointed to the DMC pursuant to a decree issued
by the Ruler.
b.
The Chairman will undertake general supervision of the work of the
DMC and issue the resolutions
required for enabling the DMC to achieve its objectives and perform its
functions under this Law and other legislation in force in the Emirate. For this purpose, the
Chairman will have the duties and powers to:
1. approve the general
policy and the strategic and development plans of the DMC;
2. approve the
services, work, projects, and activities that the DMC intends to perform;
3. approve the annual
budget and financial statements of the DMC;
4. approve the
organisational structure of the DMC and submit the same, through the General
Secretariat, to the Executive Council for final approval;
5. approve the bylaws
and resolutions regulating the administrative, financial, and technical work of
the DMC; and
6. perform any other
duties assigned to him by the Ruler or the Chairman of the Executive Council.
c.
The Chairman may delegate any of his duties or powers under
paragraph (b) of this Article to the Managing Director, provided that such
delegation is specific and in writing.
a.
The DMC will be comprised of the Chairman, as a chairman, the Managing Director, as a vice chairman, and other experienced, competent, and specialised Members. The DMC will comprise at least seven (7) Members, including
the Chairman, the Managing Director, and the Secretary General. The term of
membership in the DMC will be three (3) years, renewable for the same period.
b.
The Managing Director will act as the Chairman where Chairman is
absent, where his post falls vacant, or where he becomes incapable of performing his duties. In these cases, the Managing Director
will exercise the
duties and
powers of the Chairman under this Law, the resolutions issued in pursuance
hereof, and other legislation in force in the Emirate.
a.
The DMC will be convened at the invitation of the Chairman, or the
Managing Director where the Chairman is absent, at least four (4) times every
year or where necessary, at the time and place determined by the chair of the
meeting.
b.
DMC meetings will be valid if attended by the majority of its
Members, provided that the Chairman or Managing Director is in attendance.
c.
Resolutions and recommendations of the DMC will be passed by
majority vote of the attending Members; and in the event of a tie, the chair of
the meeting will have a casting vote.
d.
Resolutions and recommendations of the DMC will be recorded in
minutes signed by the chair of the meeting and the attending Members.
e.
A rapporteur will be appointed to the DMC pursuant to a resolution of the Chairman. The
rapporteur will be responsible for sending meeting invitations to DMC Members
and to experts and consultants from Government Entities and Media Establishments, or other persons required to attend the
meetings; preparing the DMC meeting agendas and minutes of meetings;
following up the implementation of the DMC resolutions and recommendations, and
performing any other duties assigned to him by the Chairman, the Managing
Director, or the Secretary General.
f.
In the course of exercising its duties and powers under this Law,
the DMC may, as it deems appropriate, seek the assistance of experts and
specialists, but they will have no vote in its deliberations.
g.
The DMC may form permanent or temporary boards, sub-committees, or
work teams to assist it in performing its duties. The resolutions forming these
boards, sub-committees, or work teams must determine their members, duties, and
tenures.
The above-mentioned Decree No. (28) of 2015, or any other
superseding legislation, applies to the management of the meetings of the DMC,
the confidentiality of information, the duties of the Chairman and Members, and
all other matters related to the governance of the DMC.
a.
The DMC will have a General Secretariat that provides the technical and administrative support
services to enable the DMC to
perform its duties and powers; and that provides the information, data, studies, and statistics required by the DMC.
b.
The DMC may seek assistance from the executive bodies of any of the
Affiliated Entities to provide it with administrative and technical support.
c.
The General Secretariat will have an administrative and technical
body appointed by the Secretary General. The provisions of Law No. (8) of 2018
Concerning Management of the Government of Dubai Human Resources, and the
resolutions issued in pursuance thereof, apply to the employees of this body.
a.
A Secretary General
will be appointed pursuant to a resolution issued by the Chairman of the Executive Council based on the recommendation of the Chairman.
b.
The Secretary General will be directly responsible to the DMC for
exercising the duties assigned to him under this Law, the resolutions issued in
pursuance hereof, and other legislation in force in the Emirate.
c.
The Secretary General will supervise the daily work of the General
Secretariat, manage and regulate its work, and represent the DMC in its
relations with third parties and before judicial authorities. In particular,
the Secretary General will have the duties and powers to:
1. propose the
policies; strategic, development, and operational plans; programmes; and
initiatives that would
achieve the objectives of the DMC; and submit the same to the DMC for
approval;
2. apply and follow up
performance indicators for the assessment of compliance with the general policies and strategic
plans related to the Media sector; and with the resolutions, policies, plans,
and programmes made by the DMC;
3. prepare work plans
and programmes, and relevant projects pertaining to the Media sector; and submit the same
to the DMC for approval;
4. prepare the
organisational structure of the DMC and the General Secretariat; and present
the same to the DMC for approval by the Chairman, in preparation for submission
to the Executive Council for final approval;
5. propose the resolutions, bylaws, and regulations governing the administrative, financial,
and technical work of the DMC and the General Secretariat; and present the same
to the DMC for discussion in preparation for approval by the Chairman;
6. prepare the draft
annual budget and financial statements of the DMC, and present the same to the
DMC for discussion in preparation for approval by the Chairman;
7. review the fees and
charges for the services provided by the Affiliated Entities, and submit the
same to the DMC for approval in preparation for their final approval by the
competent entities in the Emirate;
8. supervise the performance by the General Secretariat and its
organisational units of their duties under this Law, and the resolutions and
bylaws issued by the Chairman and the DMC; and appoint the technical and
administrative staff required to perform the work of the DMC and the
General Secretariat;
9. prepare periodic reports on the performance of the DMC and the General
Secretariat, and submit the same to the DMC to take the necessary action in
respect thereof;
10. approve financial
transactions subject to the rules stipulated by the financial regulations and
bylaws applicable to the DMC and the legislation in force in the Emirate;
11. sign, in the DMC’s name and on its behalf, contracts, agreements, and memoranda of
understanding in accordance with the relevant powers conferred on him by the
DMC; and
12. exercise any other
duties or powers assigned or delegated to him by the DMC in relation to enabling the DMC to achieve its objectives.
a.
Effective as of the date this Law comes into force, the following
entities are hereby affiliated to the DMC:
1. the Government of
Dubai Media Office and its affiliates; and
2. the Dubai Media
Incorporated.
b.
Each of the Affiliated Entities will retain the legal personality
granted to it under the legislation establishing it or regulating its work; and
will exercise the duties and powers assigned to it by such legislation under
the financial and strategic supervision of the DMC, provided that these duties
and powers do not conflict with the functions of the DMC.
a.
The Chairman; the Managing
Director; the DMC Members,
including the Secretary General; and the
employees of
the General Secretariat and the Affiliated Entities must not, during or after
their term of service
with the DMC,
disclose or divulge any written or verbal information which is confidential in
nature or pursuant to any
legislation in
force, unless they obtain a prior relevant permission from the competent
entity. In particular, they must not:
1. copy, retrieve,
transfer, or disclose any information, facts, or documents to which they have
access in the course of performing their duties;
2. use the information
to which they have access in the course of performing their duties for
unauthorised purposes;
3. misuse the
information they obtain as a result of their membership in the DMC or work with
the General Secretariat or the Affiliated Entities; or
4. allow any
unauthorised person to access information or documents related to their work.
b.
Upon forfeiture, termination, or expiry of the
membership of the Chairman, the Managing Director, or the DMC Members, including the Secretary General; or upon termination of the service of the
employees of the General Secretariat and the Affiliated Entities, for any
reason whatsoever, they must return all documents, papers, files, materials,
tapes, discs, software, or other property of the DMC, the Affiliated Entities,
or the General Secretariat in their possession, whether or not these include
confidential information.
c.
For purposes of implementation of this Article, the Chairman, the
Managing Director, the DMC Members, the Secretary General, and the employees of the General Secretariat and the Affiliated
Entities must sign the confidentiality and non-disclosure undertaking adopted
by the DMC in this respect.
The financial
resources of the DMC will consist of:
1. the annual budget
allocated to the DMC in the general budget of the Emirate;
2.
the
grants, gifts,
bequests, endowments, and aids accepted by the DMC in accordance with the legislation in force; and
3.
any other resources approved by the Chairman.
a.
In managing its accounts and records, the DMC will apply the
government accounting rules and principles.
b.
The financial year of the DMC will commence on 1 January and will
end on 31 December of each Year, except that the first financial year will
commence on the date on which this Law comes into force and will end on 31
December of the following Year.
All Government Entities, Media Establishments, and other entities engaged in the Media sector in the Emirate must fully
cooperate with the DMC and provide it with all the documents, data, information, statistics,
and studies it requests and deems necessary to enable it to achieve its
objectives and exercise its duties and powers under this Law, the resolutions
issued in pursuance hereof, and other legislation in force in the Emirate.
The Chairman will issue the resolutions required for the
implementation of the provisions of this Law.
Any provision in any other legislation is hereby repealed to the
extent that it contradicts the provisions of this Law.
This Law will be published in the Official Gazette and will come
into force on the day on which it is published.
Mohammed bin Rashid
Al Maktoum
Ruler of Dubai
Issued in Dubai on 14 March 2022
Corresponding to 11 Shaban 1443 A.H.
©2022 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.