4. The NIHR believes that the policy adopted by the proposed law keeps pace with developments in society through the inclusion of the offense of insult and defamation by means of modern communication and information technology. This policy aims to achieve a state of security and social stability, deter people from committing this type of crime, as well as to help reduce such crimes that put at risk the individual, society, and the State. It is not considered a development that has an effect on the enjoyment of fundamental rights and freedoms by individuals. Moreover, the proposed amendments contained in the proposed law do not constitute a violation of human rights as provided for in the relevant international or regional human rights instruments. 5. However, the NIHR has noticed that the proposed law has prescribed a fine penalty of not less than ten thousand dinars and not more than twenty thousand dinars. Such penalty may not give the judge discretionary power commensurate with the size of the crime in accordance with the conditions and circumstances of some of these crimes. Hence, the NIHR considers that the proposed law is relatively tight in the penalty of the minimum fine. 6. In all cases, the NIHR asserts that the essence of the proposed law is consistent with the general comments of the Human Rights Committee, which is entrusted to interpret the provisions of the International Covenant on Civil and Political Rights, to which the Kingdom of Bahrain has acceded under Law No. (56) of 2006. The Committee declared that, “Article No. (17) of the International Covenant on Civil and Political Rights guarantees the protection of personal honor and reputation. It is the duty of the States to provide adequate legislation to this end, to take measures to enable any person to protect himself or herself effectively from any unlawful attacks that actually happen, and to provide an effective remedy against those responsible for such …” 7. Accordingly, the NIHR agrees in principle with the objectives and intentions of the proposed law to amend Article No. (370) of Decree-Law No. (15) of 1976 regarding the promulgation of the Penal Code, as it covers cases that are not addressed in the current text. Such cases are worthy of legal protection concerning protecting the rights and freedoms of individuals and ensuring respect for their personal lives and their right to privacy. However, the NIHR anticipates to reconsider the fine penalty adopted by the proposal, since it may not give the trial judge discretionary authority commensurate with the magnitude of the crime according to the conditions and circumstances of some of these crimes. Ninth: The proposed law amending certain provisions of Decree-Law No. (15) of 1976 issuing the Penal Code 1. The NIHR referred its advisory opinion on the proposed law to amend some provisions of the Penal Code promulgated by Decree-Law No. (15) of 1976, which consists of two articles as well as the preamble. The first article included replacing the texts of Articles (364) and (365) of the Decree-Law No. (15) of 1976 issuing the Penal Code, and the second article is executive. 30

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