UAE: Should social media accounts be part of inheritance?

In an era where social media is viewed as an extension of one’s personality, a compelling question arises: Should social media accounts be classified as digital assets, inheritable upon death?

This thought-provoking topic took centre stage during a debate at the Federal Supreme Court in Abu Dhabi on Wednesday (November 20). The debate explored whether the digital footprints we leave behind can be legally passed to heirs.

The affirmative team, composed of law students from UAE University, argued that social media accounts should be considered digital assets due to their tangible and emotional value. They noted that platforms like Instagram grant users ownership of their content, which could hold monetary worth. Nouf Balbuhair, a member of the team, stated, “Digital accounts hold monetary and emotional value. For some, they represent years of investment and engagement that shouldn’t disappear after death.”

The team highlighted examples such as the sale of Jack Dorsey’s first tweet as an NFT for $2.9 million, demonstrating the financial potential of digital footprints. They also called for amendments to inheritance laws, proposing specific regulations and international agreements to ensure clarity and uniformity in addressing digital inheritance. The team emphasised the importance of creating policies that balance privacy and ownership concerns while adapting to the evolving digital landscape.

Conversely, the opposing team argued that social media accounts are inherently personal and lack the characteristics of traditional digital assets. Represented by Tarf Al-Qahtani and Samah Al-Karbi among others, the students stressed privacy concerns. “These accounts often contain private information not meant for public or familial scrutiny, even after death,” said Al-Karbi.

The opposing team also referenced global privacy laws, such as the General Data Protection Regulation (GDPR), which extend data protection rights beyond an individual’s lifetime. They contended that social media accounts do not meet the criteria of scarcity or economic value typical of digital assets, as such accounts can be created infinitely.

The debate was organised by the Federal Youth Authority to engage Emirati youth in legal discussions and promote critical thinking. A distinguished arbitration panel included Dr. Mohammed Mahmoud Al Kamali, Director General of the Judicial Training Institute; Maitha Majid Al Suwaidi, Executive Director of the Strategy and Media Policies Sector at the Emirates Media Council; and Judge Dr. Yaqoub Yousef Al Hammadi, Senior Inspector of Cases at the Inspection House.

The discussion illuminated the complexities of digital inheritance. Dr. Mohammed Al Kamali commented, “This is not merely a legal issue; it’s a philosophical one. It challenges how we define ownership and legacy in the digital age.”

In the end, the arbitration panel ruled in favour of the affirmative team, recognising the potential of social media accounts as inheritable assets.

The debate, attended by the Minister of Justice, concluded with his unique perspective. “I will use my veto right to oppose both teams as winners,” remarked Abdullah Sultan bin Awad Al Nuaimi as he highlighted the ongoing complexity of the issue.