The Rule of Law on Taking Private Photos of Individuals and Publishing Them in Audio or Video Recordings on Social Media
First Episode
1. Premeable:
Today, in our modern era, social media platforms of all kinds (WhatsApp, Instagram, X, Facebook, TikTok, etc.) have become an inseparable part of individuals’ daily lives. These platforms exert both positive and negative influences on individuals and societies. They serve as powerful tools for self-expression, communication, and knowledge-sharing, bringing people closer, promoting learning, marketing, and exchanging knowledge. However, they may also become a source of crime when they violate the privacy of individuals’ personal or family lives through the publication of photos, news, or audio/video recordings, even if such material is true.
It is worth noting that the wise government has emphasized: “Raising children does not happen through social media networks but rather through the core of Omani society, when our children absorb our customs and traditions. Commitment to family and community is the path to societal success. Modern technologies were created to serve humanity, but unfortunately, we misuse them in very negative ways. This has affected the younger generations, not only in our country but across the world.”
2. The Legal Perspective on Taking Photos, Publishing News, or Sharing Audio/Video Recordings Related to Others Using the Internet or IT Means, Even if True.
Raising awareness of responsibility is essential for everyone. While these platforms provide communication and freedom of expression, they also require deep understanding of the consequences of misuse. This compels us, as individuals and institutions, to be more conscious of their impact.
For this reason, Royal Decree No. 12/2011 promulgated the Law on Combating Information Technology Crimes. Article (16) stipulates:
“Anyone who uses the internet or IT means, such as mobile phones equipped with cameras, to violate the privacy of an individual’s private or family life—by taking photos, publishing news, or sharing audio or video recordings related to it, even if true—or to attack others through insults or slander, shall be punished by imprisonment for not less than one year and not more than three years, and a fine not less than 1,000 OMR and not exceeding 5,000 OMR, or by one of these two penalties.”
Many people are unaware of this law, and yet images and videos are frequently shared on social media platforms (WhatsApp, Instagram, X, Facebook, TikTok) without the consent of those depicted. These are often posted for ridicule or to increase views and followers.
3. Elements of the Crime of Violating an Individual’s Privacy or Family Life by Taking Photos, Publishing News, or Sharing Audio/Video Recordings, Even if True
The legislator has defined the elements of this crime as follows:
- Use of the internet or IT means, such as mobile phones equipped with cameras.
- Violation of private or family life by taking photos, publishing news, or sharing audio/video recordings related to it.
- The information may be true but still constitutes a violation.
The legislator has defined the elements of this crime as follows:
- Use of the internet or IT means, such as mobile phones equipped with cameras.
- Violation of private or family life by taking photos, publishing news, or sharing audio/video recordings related to it.
- The information may be true but still constitutes a violation.
An increasing trend is the filming of accidents without prior consent. Many rush to record incidents, disregarding victims’ dignity, and circulate their images on social media without regard for the feelings of others. This phenomenon is largely driven by the obsession of social media users with gaining followers.
4. Penalties for Violating Privacy under Omani Law
Omani law criminalizes the use of the internet or IT means, such as mobile phones equipped with cameras, to violate private or family life by taking photos, publishing news, or sharing audio/video recordings, even if true.
The penalty is imprisonment for not less than one year and not more than three years, and a fine of not less than 1,000 OMR and not exceeding 5,000 OMR, or one of these two penalties.
5. The Legal Effect of Article (16) of the Law on Combating Information Technology Crimes
Article (16) criminalizes taking photos by any means, including mobile phones, and publishing them—even if the event captured is true. The legislator’s intent is to protect private and family life from any violation, including publishing photos without the person’s knowledge or consent.
Thus, applying this law acts as a deterrent to anyone tempted to secretly capture and share others’ photos for mockery or ridicule. Article (16) will reduce this phenomenon and thereby decrease crimes committed through the misuse of IT tools to invade individuals’ private or family lives.
Conclusion
We pray to Almighty God that this effort and work be purely for His sake, and that He benefits everyone through it. Indeed, He is All-Hearing, Responsive.
Prepared by: Dr. Mohammed Gharbawi
Al-Alawi & Co – Lawyers and Legal Consultants
Muscat, Sultanate of Oman