technology system or to it or within it, and this transmission includes an electromagnetic waves
of an information technology system that carries such data. In case the listening in or interception
leads to a spreading of the transmission or a part thereof without legal justification then this shall
constitute and accentuating circumstance”.
5. Clause Number (7) of the first Paragraph of Article (47) of the Traffic Law, enacted by virtue of
Law Number (23) of 2014, provides that “whilst not contravening the measures determined in
accordance with the provisions of this Law or any more stringent punishment provided in any
other law, punishable by imprisonment for a period not in excess of six months and by a fine not
less than fifty Dinars and not in excess of five hundred BD or by one of these two punishments is
anyone who commits any of the following actions: 7-Intentionally hampers or hinders traffic on
public roads.”
6. It becomes manifestly clear from the foregoing that the legal system of the Kingdom of Bahrain,
notwithstanding the diversity of the relevant legislations and regulation whether those decided in
the Penal Code or the Information Technology Crimes Law and even the Traffic Law, has provided
an integrated legislative cover concerning the protection of the rights and freedoms of individuals
and guaranteeing respect of the rights of a person and his right to privacy, specifically insofar as
circumscribing the phenomenon of crowding at the locations of traffic accidents for purposes of
photographing them, and transmitting them in the social media sites, in addition to what is caused
by crowding at the locations of traffic accidents for purposes of filming them in terms of hindering
the work of the security personnel and obstruction of the flow of traffic, which is harmonious on
the other hand with the general comments which were made by the committee concerned with
human rights which is entrusted to interpret the provisions of the International Covenant on Civil
and Political Rights to which the Kingdom of Bahrain acceded pursuant to Law Number (56) of
2006, which provides that: “Article (17)- of the International Covenant on Civil and Political Rightsguarantees personal honor and reputation, and the states shall provide the adequate legislation
to achieve this purposes, and measures shall be taken to enable any person to protect himself
effectively from any illegal infringement which actually occur and to provide him with the means
to exact justice concerning those responsible…” 4
7. Accordingly, it is the view of the National Institution that the aims and objectives of the bill are
practically materialized in accordance with Article (37) of the Penal Code enacted by virtue of
Decree Law Number (15) of 1976 as amended, and Article (4) of the Information Technology Law
Number (60) of 2014, in addition to the provisions of the Traffic Law enacted by virtue of Law
Number (23) of 2014 in the relevant subject.
Second: A bill concerning punishments and alternative measures, accompanying Royal Decree
Number (32) of 2017.
1. The National Institution submitted its advisory opinion concerning the law pertaining to alternative
punishments and measures, accompanying Royal Decree Number (32) of 2017, which includes
4 Paragraph (11) of the General Comment Number (16) Article (17) Inviolate private life, the Human Rights Committee, Thirty Second Session (1988).
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