Section II: Advisory Opinions Submitted by the National Institution for Human Rights to the House of Representatives While valuing the efforts of the House of Representatives in all that relates to human rights given that it is the constitutional body guaranteeing public rights and freedoms, the National Institutions has received within the time scope of the report a total of six requests to obtain perspectives, as follows: First: The draft law amending Article (47) of the Traffic Law enacted by virtue of Law Number (23) of 2014. 1. The National Institution submitted its advisory opinion concerning the draft law amending Article (47) of the Traffic Law issued by virtue of Law Number (23) of 2014, and comprises, in addition to the Preamble, of one article and another executive Article, and it aims to circumscribe the phenomenon of gathering at the locations of traffic accidents with a view to photographing them, and posting them on social media sites, without giving due regard to the privacy of others, not to mention that crowding at the locations of traffic accidents for purposes of photographing causes a hindrance of the work of the security personnel and traffic, all of which without disallowing the right of the press and the media to report the news item. 2. The stipulation as occurring in the draft law adds a first paragraph of Article (47) of the Traffic Law issued by virtue of Law Number (23) of 2014 with a new clause under number (18), which states: “Photographing a traffic accident and publishing it by any electronic means or others, and excepted from this is the driver of the vehicle causing the accident and the passengers and the media authorized to report the accident.” 3. It is the view of the National Institution, that given that Clause (18) of the draft law aims to circumscribe the phenomenon of crowding at the locations of traffic accidents for purposes of photographing them and posting them in social media sites, without due regard to the privacy of others, in addition to what crowding at traffic locations causes in terms of hindering the work of security personnel and the flow of traffic, all of which is without confiscating the right of the press and the media to report the news item. 4. However, by referring to the stipulation of Article (370) of the Penal Code enacted by virtue of Decree Law Number (15) of 1976 as amended, which provides that: “A prison sentence for a period not exceeding 6 months and a fine not exceeding BD 50, or either penalty, shall be inflicted upon any person who publishes by any method of publication news, photographs or comments relating to individuals’ private or family lives, even though they are true, should the publication thereof be offensive thereto.”; moreover, Article (4) of the Information Technology Crimes Law Number (60) of 2014, which provides that “While not contravening any punishment which is more severe in any other law, punishable by imprisonment and a fine not in excess of one hundred thousand BD or by one of these two punishments, is anyone who listens in or captures or intercepts without legal justification using technical methods, a transmission not directed to the public of an information 24

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