Hassan Al-Sitri
In a historic session yesterday, the Shura Council approved a draft law amending some provisions of Decree Law No. 47 of 2002 regulating the press, printing and publishing, which includes abolishing the penalty of imprisonment in all punitive provisions contained in the law, limiting the penalty to a criminal fine, and regulating electronic media as one of the components of the media system in the Kingdom of Bahrain.
The Speaker of the Shura Council, Ali Al-Saleh, said: “We have a group of media professionals attending this important session. We welcome the president and members of the Bahrain Journalists Association, the honorable editors-in-chief of local newspapers, and all media professionals and journalists, who honor us with their presence in today’s session, in which we discuss one of the most important draft laws, which is the draft law regulating the press, printing and publishing.”
He added: “The draft press law is the first of the topics that the Council will discuss in its fourth session, in order to activate and translate what was stated in it.”
The sublime speech of His Majesty King Hamad bin Isa Al Khalifa, the Great King of the country, which he kindly delivered at the opening of the session.
The fourth of the sixth legislative chapter, regarding this project.”
He continued: “We look forward to the law regulating the press, printing and publishing, after its approval and ratification by His Majesty the King, forming a new milestone that enhances the enlightening and national role played by newspapers and media outlets in Bahrain, and that media professionals and journalists will continue to perform their responsibilities in consolidating freedom of opinion and expression with all integrity and objectivity, in a way that supports the process of democracy, and supports development and progress in our dear homeland.”
He added: “We renew our affirmation and continued keenness to develop the media legislation system, to keep pace with the rapid transformations in the field of media and communication, enhance the principles of responsible freedom, and support the efforts of the Kingdom of Bahrain in achieving sustainable development, through continued cooperation and constructive coordination with the government headed by His Royal Highness Prince Salman bin Hamad Al Khalifa, the Crown Prince and Prime Minister.”
For her part, the Chair of the Services Committee, Jamila Al-Salman, said: “As part of our discussion of the draft law regulating the press, printing and publishing, I express my pride and pride in the sublime speech of His Majesty King Hamad bin Isa Al Khalifa, King of the country, at the opening of the fourth session of the sixth legislative term, in which His Majesty affirmed that among the priorities of national legislation is completing amendments to the Press Law in a way that confirms the constitutional value of freedom of opinion and expression in the Kingdom of Bahrain. It elevates the national media in all its forms.”
She stated that “the royal directives represent a legislative compass that consolidates the Kingdom of Bahrain’s approach to preserving freedom of responsible speech and supporting the national press as an essential partner in the process of reform, development and modernization in line with the constitutional constants and democratic principles established by the reform project of His Majesty the King.” She stated that the Kingdom of Bahrain has attached great importance to the free and responsible national media as a constructive tool and an effective partner in the comprehensive development process, and based on the royal speech and the policies pursued by the government and the Ministry of Information in support of the national media, confirming the status of journalism in Bahrain, which is based on three basic foundations: consolidating freedom of opinion responsibly, supporting the modern legislative environment, and highlighting the Kingdom of Bahrain as a balanced regional model that combines… Global and media openness and legal discipline.
She said: “The draft law aims to abolish the penalty of imprisonment and suffice with a financial fine. We confirm that the draft law came to preserve the rights of journalists and media professionals within the framework of the balance between freedom, responsibility and regulation of electronic media. We also confirm that the draft law came due to the need to update the press law in force to keep pace with media developments. The draft law also aims to regulate news and advertising accounts in a professional manner without prejudice to personal accounts. The law also works to reduce… Restrictions on assuming responsibility for electronic media websites with the aim of supporting youth. It also works to regulate electronic media by issuing regulations and decisions. The law does not permit pretrial detention for crimes stipulated in the law. She stressed that the draft law is consistent with comparative legislation in the Hashemite Kingdom of Jordan, the State of Kuwait, the Arab Republic of Egypt, the State of the Emirates, and the Sultanate of Oman.
For his part, the rapporteur of the Services Committee, Talal Al-Mannai, confirmed that the draft law aims to abolish the prison sentence from all the penal provisions mentioned in the draft, in contrast to the current law, and to be satisfied with the penalty of a criminal fine, as well as to regulate electronic media as one of the components of the media system in the Kingdom of Bahrain, which is represented in the activity of providing news, information, or various programs by regulating the mechanism for creating, operating, or managing electronic media sites, which are created, allocated, or granted to International Information Network (Internet) for informational purposes and activities.
Al-Mannai explained that after the committee studied the opinions and observations expressed by the committee members, representatives of the concerned authorities, and the legal advisor, it decided to approve the draft law in principle, and to approve its articles in accordance with the amendments made to it by the House of Representatives, based on several considerations, including that the draft law is consistent with the provisions of the Constitution and its goals and objectives, as the constitutional text sets out the general framework for freedom of opinion and expression, It makes them among the basic guaranteed rights, and the draft law came in the context of translating these constitutional principles into practical legislative reality. Al-Mannai pointed out that the draft law abolished the penalty of imprisonment in order to protect freedom, enhance media responsibility, and thus record a qualitative shift in the philosophy of criminalization and punishment, through which it preserves the freedom of the individual and preserves rights without compromising the prestige of the law, as the draft law preserves legislative harmony on the one hand, and ensures that the punitive response is proportionate to the act.
Al-Mannai stated that the draft law regulates electronic media in a manner consistent with its nature. The law in force for electronic media imposes regulatory obligations that are not commensurate with its accelerating nature. The draft law came to establish a special and flexible regulation for electronic media, keeping pace with its developments, taking into account its privacy, and achieving a balance between freedom and discipline, openness and protection, indicating that the draft law is consistent with the legislative approach. The Shura Council approved a proposal for a law regarding regulating advertising activity through social media, which clarified the obligations, controls, prohibitions, and supervisory powers related to electronic advertising activities in a manner that keeps pace with technical developments.
Al-Mannai stressed that the application of the draft law is limited to the scope of electronic media that is practiced on a regular and professional basis, without extending to personal accounts, and at the same time it sets a regulatory framework for professional media work without prejudice to the rights of ordinary users. The draft law came to strengthen the supportive legislative environment for journalism and electronic media and to establish broader legal protection for journalists and media professionals, giving them confidence in performing their message responsibly. Away from freedom-depriving penalties.
Al-Mannai also explained that the draft law consolidates the Kingdom of Bahrain’s position and reputation at the regional and international levels by establishing modern legislation that protects freedom of expression and keeps pace with modern digital transformations, as it includes a number of articles that embody Bahrain’s commitment to the principles of human rights and the preservation of basic freedoms, which consolidates its positive presence in regional and international forums.
