Fourth: Recommendation of a law amending Article No. (45) of Law No. (23) of 2014 on Issuing the Law of Traffic 1. The NIHR referred its consultative opinion on the recommendation of a law amending Article No. (45) of Law No. (23) of 2014 on issuing Traffic Law, which stated that: “A new article No. (25) shall be added to the provision of Article (45) of the Traffic Law promulgated by Law No. (23) of 2014, as follows:” 25- videotaping a traffic accident and publishing it electronically, with the exception of the media”. 2. The NIHR considers that the above item on penalizing all of the those involved in videotaping traffic accidents in public places, because of the consequences of such acts, as it may result in publishing or posting these images on social media without the required authorization, as well as causing crowding due to filming at the scene of the accident resulting in obstruction of the work of the security services and the disruption of traffic, without exclusion of the right of the media and the press from covering such news, is appropriate , especially that the Draft-by-Law No. (15) of 1976 issuing the Penal Code and its amendments, does not include a provision to criminalize this act. However, the NIHR believes that only licensed media should be exempted and that it should be given the right to be at the location of the traffic accident and to cover it in the media. ‫اﻟﺜﺎﻟﺚ‬ ‫اﻟﺴﻨﻮي‬ ‫اﻟﺘﻘﺮﻳﺮ‬ Fifth: Proposal of a law by means of adding a new article Number (350 repeated) to the Penal Code promulgated by ‫اﻟﻮﻃﻨﻴﺔ‬ virtue of Law Number (15) for the year 1976. ‫اﻧﺴﻨﺎم‬ ‫ﻟﺤﻘﻮق‬ ‫ﻟﻠﻤﺆﺳﺴﺔ‬ 1. The NIHR supplied its consultative opinion concerning the proposed law by adding a new article of number (350 repeated) to the Penal Code enacted by virtue of Law Number (15) for the year 1976, where the article newly introduced thereto stipulates: “Any person who assumes the identity of another gender in any form whatsoever shall be penalized by imprisonment for a period not in excess of one year and a fine not in excess of one thousand Dinars or with one of these two penalties.” ‫ ـ ﻣﻤﻠﻜﺔ اﻟﺒﺤﺮﻳﻦ‬2015 ‫ﻟﻌﺎم‬ 2. Whereas the NIHR emphasized that it agrees in principle with the legal and factual principles, standards and aims which the proposed law aims to achieve based on the importance of creating a legislation that criminalizes the actions and behavioral patterns which are inconsistent with public order or with Islamic Law (Shari`ah) as the main source of legislation, such in accordance with what is set forth in Article (2) of the Constitution. 3. Moreover it emphasizes the importance of the existence of legislation which regulates or addresses or criminalizes any actions or behavior which contribute to safeguarding public order and morality, in cases in which those actions or behaviors constitute a prominent societal phenomenon which demands legislative intervention, whereby the legislation is not just to punish for purposes of deterrence, but even to address that phenomenon in its various aspects. 4. It is without doubt the case in principle that emulation of the other gender is one of the behaviors which contravene public order and morality in the State, which necessitates for there to be a legislation that criminalizes it; however, it constitutes actions which must be treated in physical or psychological aspects concerning the person accused of the crime of the imitation of the opposite gender. 39