Breathe wrote:
The article does not contradict what I said previously, please refer to paragraph 11.1.1, 11.1.7 and 18.2 of the “EMIRATES CONDITIONS OF CARRIAGE FOR PASSENGERS AND BAGGAGE”
ARTICLE 11 — CONDUCT ABOARD AIRCRAFT
11.1 General
At all times during your carriage, you have a duty to behave in a manner which is not likely to: 11.1.1
contravene the laws of any state which has jurisdiction over the aircraft;11.1.2 endanger, or threaten (whether by hoax threats or otherwise) the aircraft or any person or property;
11.1.3 injure or prejudice the health of other persons aboard the aircraft or create the risk or threat of injury or damage to health;
11.1.4 cause distress to, or be complained of as materially objectionable to, other persons aboard the aircraft, such conduct includes, for example, harassment, molestation, sexual assault or abuse;
11.1.5 cause, or be likely to cause, loss of or damage to our property or that of other persons aboard the aircraft;
11.1.6 obstruct, hinder or interfere with the crew in the performance of their duties;
11.1.7
contravene any instruction or direction of the crew or the airline (whether oral or by notice) lawfully issued for the purpose of the safety or security of the aircraft and of persons or property and/or the comfort or convenience of Passengers, including, instructions concerning safety, security, seating, seat belts, smoking, consumption of alcohol or use of drugs,
use of electronic equipment including, but not limited to, cellular telephones, laptop computers, PDAs, portable recorders, portable radios, CD, DVD and MP3 players, electronic games or transmitting devices (for example, radio controlled toys and walkie talkies). See also Article 18 concerning decisions we make about the application of Article 11.1 to you.
18.2
Where we expressly state in these Conditions of Carriage that you must comply with applicable law or applicable governmental, ICAO or IATA requirements,
you must make sure that you comply with such applicable law or requirements at all times and especially on the date or dates of your carriage.
They are legally binding conditions passengers agree to when they purchase their ticket.
What 18.2 states is the cabin crew could have reported the passenger to the police on arrival to DXB and the passenger taking photos arrested without anything being said by the cabin crew member to the passenger. It is incumbent on the passenger to follow all laws, the cabin crew are not obligated to remind passengers of what the laws are, they generally do however.
The relevant laws are
Article 378 of the UAE Penal Code (Federal Law 3 of 1987)
Article 378(1)
Shall be sentenced to detention and to a fine, whoever violates the private or familial life of individuals, by perpetrating one of the following acts, unless authorized by law, or without the victim’s consent:
a. If he lends his ears, records or transmits, through an appa- ratus of any kind, conversations that took place in a private place or through the telephone or any other apparatus.
b.
Captures or transmits, through any kind of apparatus, the picture of a person in a private placeArticle 21 of the UAE Cyber Crime Law (Federal Law No. 5 of 2012)
Article 21
Shall be punished by imprisonment of a period of at least six months and a fine not less than one hundred and fifty thousand dirhams and not in excess of five hundred thousand dirhams or either of these two penalties whoever uses a computer network or and electronic information system or any information technology means for the invasion of privacy of another person in other than the cases allowed by the law and by any of the following ways:
1- Eavesdropping, interception, recording, transferring, transmitting or disclosure of conversations or communications, or audio or visual materials.
2-
Photographing others or creating, transferring, disclosing, copying or saving electronic photos.3- Publishing news, electronic photos or photographs, scenes, comments, statements or information even if true and correct.
Shall also be punished by imprisonment for a period of at least one year and a fine not less than two hundred and fifty thousand dirhams and not in excess of five hundred thousand dirhams or either of these two penalties whoever uses an electronic information system or any information technology means for amending or processing a record, photo or scene for the purpose of defamation of or offending another person or for attacking or invading his privacy.
Article 43 of the UAE Copyright Law (Federal Law No. 7 of 2002)
Article (43)
Unless otherwise agreed,
whoever makes a photograph of another, in any manner whatsoever, has no right to keep, exhibit, publish or distribute the original or copies thereof, without authorization from the person who appears in the photo. Nevertheless, the photo may be published if made on occasion of public events, or relating to official or public persons or enjoying celebrity; or if the publication was authorized by the public authorities as a service for public interest; provided that the exhibition or circulation of the portrait does not prejudice the position of the person concerned by this photo.
Unless otherwise agreed, this person may authorize publishing the photo in the newspapers and other publishing media even though the photographer did not acquiesce.
By all means ignore everything I posted, get arrested and argue your point while in a UAE goal. Try and use as a defence that article you found in the internet, and claim ignorance of the UAE laws, even after being expressly told by the crew member that it is prohibited by copyright laws (which it is in the UAE), “ whoever makes a photograph of another, in any manner whatsoever, has no right to keep, exhibit, publish or distribute the original or copies thereof, without authorization from the person who appears in the photo”.
