4. It is the view of the National Institution that the policy adopted by the law proposal insofar as
defining newly criminalized acts, emerged for goals and purposes represented in producing a
situation of security and social stability and achieving deterrence of the commission of this type
of crimes, in addition to reducing them due to their criminal risk to the individual, society and the
state, and it is not considered as impacting on the enjoyment by individuals of the fundamental
rights and freedoms, and, moreover, the amendments proposed in the proposal do not constitute
a violation of human rights in accordance with the relevant international or regional human rights
instruments.
5. Actually, the final paragraph added to the original text emerges to clarify who will be subject to
the punishment, defined in the first part thereof as anyone who exhibits or publishes photographs
or video clips of a person or persons at a public place, with a view to harming and slandering
them, where the original text is limited to publicizing news and photographs related to private
family secrets or the family secrets of individuals, and it is presumed that this shall occur mostly
surreptitiously and in a private or public place, which violates the right to privacy and the stipulation
(text) does not apply to publishing photographs and video clips for individuals which relate to
matters that are not private or familial where the aim of publishing them is to insult and slander
them; that is the proposal to amend Article Number (370) shall have covered a case that the original
text did not tackle, which relates to matters that are not private or familial and which occur in
public places, in addition to the fact that limiting a punishment where the purpose is defamation is
based on the concept of violation where it is permissible to film and publicize a video for persons
unrelated to their private or family life, which takes place in a public place where the purpose is
not slander or insult but rather the purpose is to uncover a crime and arrest the culprit (violation of
public order in its three arenas: public security, public health, public peace).
6. Section two indicates that the punishment will apply to any one who publishes by a public means
photographs or video clips of those injured or who died in accidents, such in cases delineated by
the law, which is a proposal that covers a case that is not tackled by the present text, which is to
criminalize the publishing of photographs or video clips of the injured or deceased in accidents
given that such endangers public order in society and beclouds the public atmosphere and spreads
terror and fear in the hearts of the relatives and family members of the injured, the deceased and
the society at large stemming from publishing photographs and video clips of the accidents, which
is something harmonious with the general comments reached by the committee concerned with
human rights entrusted to interpret the provisions of the International Covenant On Civil And
Political Rights, to which the Kingdom of Bahrain acceded under Law Number (56) of 2006, which
affirms that: “Article (17) of the International Covenant On Civil And Political Rights safeguarding
the honor and reputation of persons, and it is incumbent on states to provide the adequate legislation
to achieve this purpose ”.
7. Based on the foregoing, the National Institution for Human Rights concurs with the aims of the
amendment proposal related to Article (370) of the Decree-law Number (15) of 1976 in the Penal
Code, given that it covers cases not tackled by the existing text, which is meriting of legal protection
insofar as the protection of the rights and freedoms of individuals and guaranteeing personal life
and the right of persons to privacy.
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