Media laws at Bahrain
Bahrain's media laws are highly restrictive, and the country consistently ranks very low on international press freedom indices. While the constitution nominally guarantees freedom of expression, a range of legislation and government practices severely curtail media independence and journalistic freedom.
Here's an overview of the key media laws and the environment they create in Bahrain:
1. Constitutional Provisions (with limitations):
Constitution of the Kingdom of Bahrain: Articles 23-26 outline freedoms of expression, press, and telecommunications. However, these articles contain significant caveats. For instance, Article 23 states that citizens are "free to express their opinion and publish it provided it does not violate the fundamentals of the Islamic faith or the unity of the country and does not provoke sectarianism or communalism." This broad language is often criticized by journalists and human rights organizations for being open-ended and subject to arbitrary interpretation by authorities.
2. Primary Legislation and Key Concerns:
Press and Publication Law of 2002 (Decree-Law No. 47 of 2002): This is the cornerstone of media regulation in Bahrain, and it is widely criticized as highly repressive. Key provisions and concerns include:
Prohibitions on Content: It prohibits publications that are:
Against the regime in power.
Averse to the state's official religion.
Breaching ethics or public morals.
Jeopardizing public peace or national unity.
Instigating hatred of the political regime.
Encroaching on religions.
These clauses are vaguely worded, allowing the government to interpret them broadly to suppress critical reporting.
Licensing Requirements: The law mandates strict licensing for all publications, including newspapers, printing presses, and increasingly, online media. Obtaining and retaining these licenses can be used as a tool to control media outlets. Recent proposed amendments (as of late 2024/early 2025) aim to further extend mandatory licensing requirements to new online media and "media-related activities," including bloggers and content creators, which is seen as a move towards online censorship.
Criminalization of Offenses: While the government sometimes claims to have abolished prison sentences for journalists under this law, critics point out that other, more draconian laws are still used to prosecute them. The law itself contains articles that declare possible penalties for journalists and their employers, including huge fines.
Restrictions on Ownership: The law ensures that only those deemed to have a "sound reputation" can own a media outlet, which effectively grants the government significant control over who operates in the media sector.
Prior Censorship (Indirect): While Article 67 of the law may state there will be no prior censorship, the extensive licensing system and broad prohibitions effectively allow for it through delays, denials, or threats of license revocation.
Penal Code (Decree-by-Law No. 15 of 1976 and its amendments): This code contains provisions that criminalize various forms of speech, including:
Insulting the King, the national flag, or the national emblem. This can carry significant prison sentences (e.g., up to seven years for insulting the king).
Insulting or defaming government officials or foreign leaders.
These articles are frequently used to prosecute journalists, bloggers, and activists for critical comments, even when the Press and Publication Law might not directly apply.
Anti-Terrorism Law: This law has been widely criticized by human rights organizations for its broad definitions of "terrorism" and "terrorist acts," which can encompass peaceful dissent and critical speech. It has been used to prosecute and imprison journalists and activists for their reporting or online posts, often with severe sentences.
Cybercrime and Telecommunications Laws:
The government maintains significant control over the internet. All websites are required to register with the Information Affairs Authority (IAA).
Internet Service Providers (ISPs) are indirectly controlled through the Telecommunications Regulatory Authority (TRA) and are required to install website blocking software chosen by the Ministry.
Authorities routinely block access to websites, particularly international news sites and those hosting political content or deemed critical of the government. Thousands of websites have been blocked.
The government has reportedly used sophisticated spyware tools to monitor online activity and track dissidents and journalists.
There is no legal requirement to obtain information through specific official channels, leading to a lack of transparency and making investigative journalism difficult.
Resolution No. 1 of 2015: This resolution supplements the Press and Publication Law, explicitly requiring all media content to be respectful of Bahrain's government and its relations with allied countries. It also sets guidelines for maintaining national unity and public ethics, including prohibitions against offensive material.
3. Regulatory Bodies and Enforcement:
Ministry of Information Affairs (MOIA): This ministry holds extensive powers over media, including licensing, content oversight, and enforcement of media laws.
Information Affairs Authority (IAA): Oversees website registration and content.
Telecommunications Regulatory Authority (TRA): Regulates ISPs and telecommunications services, indirectly facilitating government control over internet content.
Courts: The judiciary often issues rulings that uphold the government's restrictions on media and speech, with cases taking years and often resulting in convictions.
4. Environment for Media Freedom:
Widespread Self-Censorship: Due to the severe penalties and constant threat of prosecution, journalists and media outlets in Bahrain heavily self-censor, avoiding sensitive political or human rights topics.
Limited Independent Media: Most major newspaper outlets are heavily influenced by the government. Independent media outlets are rare and face immense pressure, often leading to their closure or attacks on their premises (as was the case with Al-Wasat).
Journalist Arrests and Imprisonment: Bahrain has a history of arresting, imprisoning, and torturing journalists and citizen-journalists for their reporting or online expressions. Citizenship revocation is also used as a tactic against dissidents.
Lack of Access to Information: There is no functional access-to-information law, and government officials are not obliged to disclose their assets or income, making it very difficult for journalists to report on corruption or other issues of public interest.
In essence, while Bahrain's constitution mentions freedom of the press, the reality on the ground is that a highly restrictive legal framework, combined with stringent enforcement and surveillance, leaves little room for independent and critical media.
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