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. 33

Выберите целевой абзац3