8. Accordingly, the freedom of speech includes the right of any individual to hold opinions without
interference. This freedom extends to include the right to change one’s opinion at any time and
for any reason of his choice with complete freedom, as well as the freedom not to disclose one’s
opinion. Harassment of an individual because of his opinions, or intimidating or stigmatizing him,
including by arrest, detention, trial, or imprisonment, is a violation of the basic rules of freedom of
opinion. In any event, freedom of opinion should not be subject to any exceptions or restrictions
whatsoever.
9. The right to expression is to seek, receive and impart various forms of information and ideas to
others, regardless of frontiers, including the right to political discourse, public comments, polls,
discussing human rights issues, the press, cultural and artistic expression, teaching, and religious
discourse, whether this right is exercised in spoken or written form, sign language, or by expression
in books, newspapers, leaflets, posters, banners and other documents. It also includes all audiovisual media, as well as electronic methods of expression.
10. However, the exercise of the right to expression requires a legal framework to prevent its abuse
or arbitrary use. As such, the state is entrusted with the protection of this right. In order to strike
balance between the right of individuals to expression and the restrictions that may be imposed to
prevent its misuse or abuse, there are minimum restrictions or exceptional controls for the exercise
of this right. These restrictions should be prescribed by law, should aim to fulfill a lawful objective,
should be necessary for the democratic society, and should ensure proper use and exercise of the
right rather than expropriate such rights. This is in line with Article 31 of the Constitution of the
Kingdom of Bahrain, which states that: “Public rights and liberties laid down in this Constitution
shall neither be regulated nor defined except by a law, or in accordance therewith. Such regulation
or definition shall not affect the essence of the right or liberty”.
اﻟﺘﻘﺮﻳﺮ اﻟﺴﻨﻮي اﻟﺜﺎﻟﺚ
ﻟﻠﻤﺆﺳﺴﺔ اﻟﻮﻃﻨﻴﺔ ﻟﺤﻘﻮق اﻧﺴﻨﺎم
ـ ﻣﻤﻠﻜﺔ اﻟﺒﺤﺮﻳﻦ2015 ﻟﻌﺎم
11. As regards the institutional structure, the Supreme Authority for Media and Communication was
established under Decree No. 47 of 2013. The Authority is responsible for proposing the information
and communication policy in the Kingdom of Bahrain, following up its implementation, proposing
the controls and rules necessary to promote the media and communication profession, developing
standards of supervision and control over media content and advertisements in various media and
communication outlets, in addition to receiving complaints about media content, and reconciling
the relevant parties concerning these issues. Accordingly, the Royal Decree No. 29 of 2013 was
issued to compose the Authority of a chairman and nine members of media and communication
figures.
12. NIHR identified the decision of the Information Authority, which prevented a local newspaper from
broadcasting video clips on the social networks (YouTube). NIHR notes that the newspaper operates
under the umbrella of the provisions of Law No. 47 of 2002 on the Regulation of the Press, Printing
and Publishing. Thus, the license granted does not include the activity of broadcasting news video
clips, according to the newspaper. While NIHR appreciates the Authority efforts in implementing
the provisions of the Press, Printing and Publishing Law and the protection of freedom of opinion
and the right to expression, it believes that this role cannot be performed in violation the law, and
the organization or identification of the right should not compromise its essence.
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