Ninth: Proposed law on public conduct
1. The NIHR expressed its advisory opinion regarding the proposed law on
public conduct, which concluded that it is, in principle, consistent with the
objectives and principles on which the proposed law is based and which aims
- as stated in its explanatory memorandum - to preserve and protect the
family, give the necessary care to the upbringing of the child in a suitable
environment, instilling religion, morals and patriotism in it, in addition to
protecting members of society from any psychological or social exploitation
or neglect.
2. It favored a study of the provisions contained in the proposed law, especially
about the legal formulation contained therein, in addition to the fact that the
objectives of the same proposal are achieved in several places of the Penal
Code in force, plus the fact that the issuance of the current proposal in its
current form means a move back by the Kingdom of Bahrain from its
international and regional commitments related to human rights.
Tenth: Proposed law to add a new Article No. (369 bis) to the Penal Code,
promulgated by Decree-Law No. (15) of 1976
1. The NIHR expressed its advisory opinion regarding the proposed law to add
a new Article No. (369 bis) to the Penal Code, promulgated by Decree-Law
No. (15) of 1976, which consists of two articles, in addition to the preamble,
where the first article thereof included the addition of a new Article No. (369
bis) to the Penal Code, including criminalizing acts of bullying, while the
second article is executive.
2. The text of Article (369) in the draft law is as follows: “A penalty of
imprisonment for a period not exceeding three months and a fine of not
less than three hundred dinars and not more than three thousand
dinars, or either of these two penalties, shall be imposed on any person
who commits, by any means of publicity, an act of bullying, in words or
by indication or via social media sites, or using racist or degrading
statements, isolating or neglecting them, or by any other means, for the
purpose of imposing control, ridicule or laughter. The penalty will be a
fine not exceeding two hundred dinars if the crime is not committed in
public.”
3. The NIHR concluded that it is in agreement with the goals and principles on
which the proposed law is based, which aims to confront the phenomenon of
bullying, by including some acts in the criminalization cycle, describing the
act of bullying as a form of violence towards others, that aims to social
exclusion, and suggested identifying acts constituting the criminal behavior
of bullying, and the explicit inclusion of bullying acts that occur by means of
information and communication technology.
NIHR Bahrain- Eighth Annual Report 2020
111
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