National Institution for Human Rights – Kingdom of Bahrain
only to such limitations as are prescribed by law and are necessary to protect the
rights and reputation of others, national security, public order, health, or morals. In
addition, the Covenant guarantees that everyone has the right to freedom of thought,
conscience and religion. This right includes freedom to adopt a religion or belief of
his choice, and freedom, either individually or in community with others and in
public or private, to manifest his religion or belief in worship, observance, practice
and teaching.
6. Accordingly, the freedom of speech includes the right of any individual to hold
opinions without interference. This freedom extends to include the right to change
one’s opinion at any time and for any reason of his choice with complete freedom,
as well as the freedom not to disclose one’s opinion. Harassment of an individual
because of his opinions, or intimidating or stigmatizing him, including by arrest,
detention, trial, or imprisonment, is a violation of the basic rules of freedom of
opinion. In any event, freedom of opinion should not be subject to any exceptions or
restrictions whatsoever.
7. The right to expression is to seek, receive and impart various forms of information
and ideas, to others, regardless of frontiers, including the right to political discourse,
public comments, polls, discussing human rights issues, the press, cultural and
artistic expression, teaching, and religious discourse, whether this right is exercised
in spoken or written form, sign language, or by expression in books, newspapers,
leaflets, posters, banners and other documents. It also includes all audio-visual
media, as well as electronic methods of expression.
8. However, the exercise of the right of expression requires a legal framework to prevent
its abuse or arbitrary use. As such, the state is entrusted with the protection of this
right. In order to strike balance between the right of individuals to expression and the
restrictions that may be imposed to prevent its misuse or abuse, there are minimum
restrictions or exceptional controls for the exercise of this right. These restrictions
should be prescribed by law, should aim to fulfill a lawful objective, should be
necessary for the democratic society, and should ensure proper use and exercise of
the right rather than expropriate such rights. This is in line with Article 31 of the
Constitution of the Kingdom of Bahrain, which states that: “The Public rights and
freedoms stated in the present Constitution may only be regulated or limited by
or in accordance with the law, and such regulation or limitation may not prejudice
the essence of the right or freedom”.
9. As regards the institutional structure, the Supreme Authority for Media and
Communication was established under Decree No. 47 of 2013. The Authority
is responsible for proposing the information and communication policy in the
Kingdom of Bahrain, following up its implementation, proposing the controls and
rules necessary to promote the media and communication profession, developing
standards of supervision and control over media content and advertisements in
various media and communication outlets, in addition to receiving complaints
about media content, and reconciling the relevant parties concerning these issues.
Accordingly, the Royal Decree No. 29 of 2013 was issued to compose the Authority
of a chairman and nine members of media and communication figures.
10. In compliance with the recommendation stated in the BICI report No. 1722/h on
“Cancelling or mitigating the judgments convicting persons accused of crimes
related to freedom of political expression that do not include incitement to
violence, and dropping the charges that have not been adjudicated against them”,
the public prosecution, according to the aforementioned recommendation, reviewed
the legal positions of the accused by dropping all charges related to freedom of
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