procedures specified by the law, without prejudice to the Islamic principles and the unity of the
people, and without instigating segregation or sectarianism”. The Constitution also guarantees the
right to privacy in Article 26, which provides that: “The freedom of postal, telegraphic, telephonic
and electronic communication is safeguarded and its confidentiality is guaranteed. Communications
shall not be censored or their confidentiality breached except in exigencies specified by law and in
accordance with procedures and under guarantees prescribed by law”.
4. At the level of national legislation, “Decree-Law No. 47 of 2002 on the Regulation of Press, Printing
and Publishing” deals with the provisions related to printing and publishing and regulation of
the press. However, no amendment to its provisions has been issued to date, despite the heavy
controversy in the Bahraini community on the provisions of this legislation.
5. “Law No. 51 of 2012 Amending certain Provisions of the Penal Code”, promulgated by DecreeLaw No. 15 of 1976, abolished Article No. 134 bis, which criminalizes the broadcast of false news,
statements or rumors abroad about the domestic conditions in the country. It further abolished
Article No. 174 criminalizing making, possessing, distributing, or posting pictures that offend the
country’s reputation, and amended Article 69 bis, which provides that the interpretation of the
restrictions on the right to expression in the Penal Code or any other law is the necessary framework
for a democratic society in accordance with the principles of the National Action Charter and the
Constitution. It considers that the exercise of the right of expression in this range is an excuse exempt
from punishment. Furthermore, the amendment of Article 168 of this Law limiting, exclusively, the
legal descriptions arising from broadcasting false news, and the requirement that the act should be
deliberate and arranged to cause damage to the national security, public order, or public health, are
amendments that add more guarantees and more space for the enjoyment of freedom of opinion
and the right to expression in the Kingdom of Bahrain.
اﻟﺘﻘﺮﻳﺮ اﻟﺴﻨﻮي اﻟﺜﺎﻟﺚ
ﻟﻠﻤﺆﺳﺴﺔ اﻟﻮﻃﻨﻴﺔ ﻟﺤﻘﻮق اﻧﺴﻨﺎم
ـ ﻣﻤﻠﻜﺔ اﻟﺒﺤﺮﻳﻦ2015 ﻟﻌﺎم
6. The provisions of the Code of Criminal Procedure promulgated by Legislative Decree No. 46 of
2002, as amended, grant a number of judicial guarantees of the right to privacy. Article (93) of
the Code instructs the public prosecution to obtain permission from the competent court to seize
letters, newspapers, publications, and parcels; intersect wire and wireless communications and
conversations, or make recordings of conversations that take place in a private place, if this action
is useful in determining the truth in a felony or a misdemeanor punishable by imprisonment.
7. In terms of international instruments, the International Covenant on Civil and Political Rights, to
which the Government of the Kingdom of Bahrain acceded under Law No. 56 of 2006, confirms in
Articles 18, 19, and 20 that everyone has the right to hold opinions without interference, and the
right to freedom of expression. This right includes seeking, receiving and imparting information
and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of
art, or through any other media of his choice. Freedom to expression may be subject only to such
limitations as are prescribed by law and are necessary to protect the rights and reputation of others,
national security, public order, health, or morals. In addition, the Covenant guarantees that everyone
has the right to freedom of thought, conscience and religion. This right includes freedom to adopt
a religion or belief of his choice, and freedom, either individually or in community with others and
in public or private, to manifest his religion or belief in worship, observance, practice and teaching.
It further protects the human right to freedom from arbitrary or unlawful interference with privacy,
family, home or correspondence.
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