“A punishment of imprisonment for not less than three months and not exceeding one year, and
a fine of not less than five hundred dinars, or either penalty, shall be inflicted upon any person
who publishes by any method of publication news, photographs, or comments pertaining to
confidential matters on the private or family lives of individuals, even if such is true, should the
publication thereof be damaging thereto.”
3. Considering that Article (354) of the draft law is intended to increase the penalty imposed on anyone
found on a public road or in a place frequented by the public inciting passers-by, by words or signs
or any other means, to indulge in vice, to become imprisonment for not less than three months
and not exceeding six months, or a fine of not less than one hundred dinars and not exceeding
five hundred dinars, instead of imprisonment for a term not exceeding three months or a fine not
exceeding twenty dinars, as stated in the original law.
4. Whereas Article (370) of the draft law is intended to increase the penalty imposed on anyone who
publishes by any method of publication news, photographs, or comments pertaining to confidential
matters on the private or family lives of individuals, even if such is true, should the publication
thereof be damaging thereto, to become imprisonment of not less than three months and not
more than one year, and a fine of not less than five hundred dinars, or either penalty, instead of
imprisonment for a term not exceeding six months and a fine not exceeding fifty dinars, or either
penalty, as stated in the original law.
5. Accordingly, the NIHR believes that the purpose and objective of the amendment contained in
the draft law on tightening the penalty prescribed for acts of criminal offense is to achieve public
and private deterrence from committing these acts, commensurate with the gravity of the offense.
In addition, the purpose is to protect the privacy of individuals, especially with the emergence of
social media, which may be exploited to violate the individual’s right to privacy.
6. Based on the foregoing, the NIHR agrees with the objectives and purposes of the proposed
amendments to the provisions of Articles (354) and (370) of the Penal Code promulgated by DecreeLaw No. (15) of 1976. The increase of the penalties imposed on the crimes under consideration,
adopted by the proposed law, is intended to achieve public and private deterrence from committing
such crimes, commensurate with its gravity. This increase of penalty does not have an effect on
the enjoyment of fundamental rights and freedoms of individuals. In addition, the amendments
proposed in the draft law do not constitute a violation or abuse of human rights, according to the
international human rights instruments.
Sixth: Draft law to add a new clause to Article (2) of Law No. (58) of 2006 on Protection of Society from
Terrorist Acts (prepared in light of the proposed law submitted by the House of Representatives)
1. The NIHR referred its advisory opinion on the draft law adding a new clause to Article (2) of Law
No. (58) of 2006 on the Protection of Society from Terrorist Acts (prepared in light of the proposed
law submitted by the House of Representatives), which comprised 2 articles, in addition to the
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