National Institution for Human Rights – Kingdom of Bahrain FIFTH: FREEDOM OF OPINION AND THE RIGHT TO EXPRESSION 1. Freedom of opinion and the right to expression form the cornerstone of every society where freedom and democracy prevail. Freedom of opinion is closely linked with the right to expression, as the latter is the tool that enables exchange and development of views. Freedom of opinion and the right to expression are not limited to expression of views or ideas by the individuals, but also extend to seeking, receiving, and transmitting the various forms of information and ideas to others without regard to borders. Freedom of opinion and the right to expression also extend to freedom of the press and the media, as well as freedom of conscience and thought, and religious freedom. Therefore, the freedom of opinion and the right to expression are of the most important elements of good governance, and the basic tool through which the individual can access, receive and transmit information, to strengthen his oversight role on the performance of public authorities and hold these authorities accountable for any violation or default in the performance of their functions. 2. The Constitution of the Kingdom of Bahrain has guaranteed freedom of opinion and the right to expression in Article 22, which stipulates that: “Freedom of belief is absolute. The State guarantees the inviolability of worship, and the freedom to perform religious rites and hold religious parades and meetings in accordance with the customs observed in the country”. Article 23 provides that: “Freedom of opinion and scientific research is guaranteed. Everyone has the right to express his opinion and publish it verbally, in writing or otherwise under the rules and conditions laid down by law, provided that the fundamental beliefs of Islamic doctrine are not infringed, the unity of the people is not prejudiced, and discord or sectarianism is not aroused”. 3. At the level of national legislation, “Decree-Law No. 47 of 2002 on Regulation of Press, Printing and Publishing” deals with the provisions related to printing and publishing and regulation of the press. However, no amendment to its provisions has been issued to date, despite the heavy controversy in the local community on the provisions of this legislation. 4. “Law No. 51 of 2012 Amending certain Provisions of the Penal Code”, promulgated by Decree-Law No. 15 of 1976, abolished Article No. 134 bis, which criminalizes the broadcast of false news, statements or rumors abroad about the domestic conditions in the country. It further abolished Article No. 174 criminalizing making, possessing, distributing, or posting pictures that offend the country’s reputation, and amended Article 69 bis, which provides that the interpretation of the restrictions on the right to expression in the Penal Code or any other law is the necessary framework for a democratic society in accordance with the principles of the National Action Charter and the Constitution. It considers that the exercise of the right of expression in this range is an excuse exempt from punishment. Furthermore, the amendment of Article 168 of this Law limiting, exclusively, the legal descriptions arising from broadcasting false news, and the requirement that the act should be deliberate and arranged to cause damage to the national security, public order, or public health, are amendments that add more guarantees and more space for the enjoyment of freedom of opinion and the right to expression in the Kingdom of Bahrain. 5. In terms of international instruments, the International Covenant on Civil and Political Rights, to which the Government of the Kingdom of Bahrain acceded under Law No. 56 of 2006, confirms in Articles 18, 19, and 20 that everyone has the right to hold opinions without interference, and the right to freedom of expression. This right includes seeking, receiving and imparting information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of his choice. Freedom to expression may be subject 60