Local affairs editor
After waiting for more than two decades of reviews and updates, and 23 years of working with the current law, the Shura Council is scheduled to discuss, in its session next Sunday, the draft new press, printing and media law, following its approval by the House of Representatives.
The Services Committee of the Shura Council approved a draft law amending Decree Law No. 47 of 2002 regulating the press, printing and publishing, attached to Decree No. 77 of 2021, after consulting with the Ministry of Information, the Bahraini Journalists Association, and a number of local newspapers, as well as the opinions of human rights institutions.
One of the most important justifications for issuing the draft law was the abolition of the prison sentence from all punitive provisions contained in the draft, in contrast to the current law, with the penalty of a criminal fine being sufficient, as was stated to regulate the electronic media as it is considered one of the components of the media system in Bahrain.
Article Seven of the law requires all electronic media websites existing at the time the provisions of the law came into effect to adjust their conditions in accordance with its provisions within 6 months from the date of its enforcement.
The committee stressed that the draft law comes in the context of translating these constitutional principles into practical legislative reality, by amending the applicable law to ensure that the press and electronic media are regulated flexibly and wisely, and guarantees freedom of expression and digital creativity without prejudice to public order or other rights, in addition to abolishing the penalty of imprisonment from the penal texts currently in effect, which reflects the legislator’s commitment to ensuring freedom within the limits of the law.
Accordingly, the draft law abolished the penalty of imprisonment, thereby registering a qualitative shift in the philosophy of criminalization and punishment through which it preserves the freedom of the individual and preserves rights without undermining the prestige of the law or exaggerating its authority. With this approach, the burden of punishment on individuals is reduced, and its severity on society is reduced, as the individual and his family avoid serious repercussions that begin with losing work and disrupting daily life, and extend To include psychological and social effects, and end up harming family relationships and social status, which contributes to enhancing the stability of the family and society, and supports the responsible exercise of freedom of opinion and expression within a balanced and safe legal framework.
If the act exceeds the limits of freedom of opinion and expression, harms public order, or assaults the rights of others, it remains subject to the general rules contained in the Penal Code that were developed to deal with these behaviors according to a graduated and balanced punitive system, which preserves legislative harmony on the one hand, and ensures that the punitive response is proportionate to the act, so that freedom of expression remains protected within its legitimate limits, while deviation from it is confronted. With appropriate punitive tools, reflecting a balanced philosophy that protects freedoms and enhances media responsibility.
The committee pointed out that the draft law reflects the principle of proportionality in punishment by making a financial fine a punishment for violations related to journalism and electronic media instead of penalties depriving of freedom, so that the punishment is proportional to the gravity and nature of the act, so that the journalist or media person is not deprived of his freedom. Because of a limited professional error or a minor violation, the penalty is estimated to the extent of the impact on public order or the basic rights of individuals. There is no excess that threatens freedom, and no negligence disrupts order.
On this basis, the fine penalty performs its deterrent and guiding role with less harm and less cost, thus ensuring respect for the law without placing heavy psychological or social burdens on the journalist or media person.
The importance of the legislator’s intervention to regulate electronic media is also clear, as it represents a response to the demands aimed at creating controls that clearly define the rights and duties of various parties, including media platforms, journalists, advertisers, and consumers, so that a disciplined legal framework contributes to regulating and controlling media practices in a way that protects rights, enhances trust between the public and professionals, as well as protecting national and cultural values, and preserving them. Public morals, and limiting the spread of rumors or the circulation of misleading information, ensuring that electronic media remains an effective tool for awareness and community building.
The scope of application of the draft law is limited to electronic media that is practiced on a regular and professional basis, without extending to personal accounts, which is considered a very important legislative step, as the distinction between organized media activities that engage in public work with a wide influence, and individual expression, which is considered at the core of constitutionally guaranteed freedom of opinion, allows the legislator to protect individual freedom of expression, and at the same time establish a regulatory framework for media work. professional without prejudice to the rights of ordinary users.
With this definition, it avoids imposing regulatory restrictions on individuals in terms of licensing, supervision, and professional accountability, and keeps the space of personal expression free and open in accordance with the provisions of the Constitution that protect freedom of opinion and expression within the limits of the law.
The committee affirmed that the draft law represents a qualitative leap in the legislative environment regulating the press and electronic media, as it comes after nearly twenty-three years have passed since the law was in force, a period in which the sector witnessed rapid digital transformations and radical changes that imposed an urgent necessity to update the texts and adapt them to the spirit of the times and the requirements of digital transformation. The draft law came to achieve this goal, and to consolidate at the same time legal protection. Broader for journalists and media professionals, giving them confidence in carrying out their message responsibly, away from freedom-depriving penalties, in a way that stimulates creativity and innovation, and enhances the climate of responsible freedom guaranteed by the Constitution within the framework of a modern and safe legislative environment.
The draft law comes to consolidate 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 the Kingdom’s commitment to human rights principles, and confirms its keenness to provide a balanced media environment that preserves basic freedoms and ensures that the profession is practiced responsibly, away from freedom-depriving penalties as Freedom of opinion and expression is an inherent right that may not be restricted except within the narrowest limits.
The draft law also reflects Bahrain’s ability to absorb technological and media developments by regulating electronic media within a clear and flexible legal framework, which enhances international confidence in the Bahraini legislative environment, and highlights the Kingdom’s image as an incubator of responsible media freedom and a protector of the rights of journalists and media professionals, which consolidates its positive presence in regional and international forums, and demonstrates its commitment to leadership in combining openness and controls. Between freedom and responsibility.
The draft law is consistent with the approach adopted by many comparative countries in the field of regulating electronic media, as they did not leave this vast digital space without a regulating framework, but rather established precise controls for it that reconcile the requirements of freedom of expression with the requirements of maintaining public order, thus making electronic media an integral part of the national media system, subject to the principles of professional responsibility and commitment to societal values, and at the same time guaranteeing transparency and credibility.
After the committee completed its study of the draft law and the provisions it contains that take into account developments in penology and the principle of proportionality between crime and punishment, and keep pace with the accelerating digital transformations in the press and electronic media sector, it recommends its approval in principle, in accordance with the amendments approved by the House of Representatives, which added a dimension that guarantees the press and electronic media responsible freedom within its legitimate limits, ensuring a rational path. For the media profession and a safe space for free expression.
The Ministry of Information assured the committee in its sent letter that, as part of its keenness to develop the legislative environment regulating the press and media sector, and in line with the rapid digital and professional transformations, the draft law was prepared with the aim of achieving a balance between preserving freedom of opinion and expression on the one hand, and the requirements of responsible legal regulation on the other hand, in a way that enhances media practices and keeps pace with technical and regulatory developments.
The Ministry also confirmed its full compliance with the amendments approved by the esteemed House of Representatives in its extraordinary session held on May 8, 2025, based on its belief in the importance of integration between the executive and legislative powers in developing the legal framework for the media sector.
She indicated that the draft law was prepared in coordination with the Services Committee of the House of Representatives and in cooperation with the relevant authorities, including the Public Prosecution, newspapers and the Bahraini Journalists Association. The views and observations of a number of members of the House of Representatives who submitted their written proposals to the Services Committee of the same House were also taken, as well as journalists and social media influencers who submitted their proposals through the aforementioned committee.
Al-Watan newspaper emphasized in its visuals that any legislative amendment in the field of regulating the press must be based on Article 23 of the Constitution of Bahrain, which stipulates freedom of opinion and expression and freedom of the press, printing and publishing, while ensuring that no prior censorship or unjustified restrictions are imposed on journalistic work. It also praised the abolition of freedom-depriving penalties as a positive approach consistent with international standards, appreciating the efforts of the esteemed House of Representatives in Introducing amendments that represent positive steps, and hoping for more clear and binding guarantees to protect the profession and expand the margin of journalistic freedom.
In its letter sent to the committee, Al-Ayyam newspaper confirmed that it supports the current draft law, and in coordination with the Bahraini Journalists Association, it submitted its views to the Ministry of Information and the relevant committee of the esteemed House of Representatives. The newspaper also supported the amendments that the House of Representatives concluded, stressing the unity of the professional position towards this important legislation, and the importance of passing the draft law in its current form as it is a qualitative shift that strengthens legal guarantees. for journalists, and raises the ceiling for media freedoms, while contributing to improving the Kingdom’s ranking among international indicators of press freedom and the transparency of media systems.
