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EDITOR IN CHIEF- ABDULLAH BIN SALIM AL SHUEILI

Jail & penalty for clicking photos without consent

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MUSCAT, Dec 4  - The authorities have once again warned against clicking of pictures of individuals without their permission and posting them on social media. “These are offences punishable by imprisonment and fine,” reiterated the Barka Primary Court last week while delivering sentence in a case involving a man found guilty of taking photographs of a woman.


Omani law prohibits any publication of pictures or information which violates the privacy of an individual through any electronic means, including Facebook and instant messaging applications such as Instagram or WhatsApp.


The court found the man guilty of taking pictures of the woman without her knowledge, and sentenced him to imprisonment for a year and fined him RO 1,000. The man reportedly admitted he intended to send the pictures to his friends.


According to Article 16 of Oman’s cyber law, the publication of news or pictures of private lives of any person is punishable with imprisonment up to three years and a fine of up to RO 5,000.


At the same time, legal experts point out that the issue becomes even more complicated in Oman when the subject of a photograph is a woman.


A female Omani speaker at a public event should not expect to be able to tell the media not to publish her photograph.


“She can stop people from taking her photograph while walking down the street,” said Bader al Zadjali, lawyer with a leading legal firm. He said the laws are framed to prevent people from involving in blackmail activity.


“The advanced technology has certainly improved our lives. However, it calls for greater awareness and checks on its use,” he said.


Omani law defines blackmail as threatening and compelling a person to commit any act or wrongdoing against his/her will, with some form of punishment if he/she does not fulfil the request.


Article 18 of the law stipulates penalties such as a jail term not less than one month and not more than three years and a fine of not less than RO 1,000 and not more than RO 3,000 or one of these penalties.


If the threat is to commit a crime or breach involving moral turpitude, the penalty shall be imprisonment for not less than three years and not more than ten years and a fine of not less than RO 3,000 and not exceeding RO 10,000.


Similarly, photographing or videotaping accident scenes can also invite a jail sentence.


Laws prohibit onlookers from clicking pictures of accidents.


According to the Omani law, violators of the law can be detained, fined and jailed.


According to Article 16 of Combating Crimes in the Sultanate, enacted in 2011 to protect people’s privacy, anyone who found photographing accident scenes can be caught and sent to Public Prosecution for trial.


SAMUEL KUTTY


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