The Shura Council is expected to break the deadlock over tougher punishments, including jail terms, for people misusing social media and broadcasting channels, during its weekly session on Sunday.
Members debated amendments to the 1976 Penal Code at length during a session in November last year, approving the move in principle at the time in the presence of Justice, Islamic Affairs and Endowments Minister Nawaf Al Maawda.
However, some members then raised concerns over what would constitute as crimes and whether new technological advancements were covered.
Articles 370 and 372 were returned to the foreign affairs, defence and national security committee for further study, while only Article 354 was approved.
Amendments to Article 370 recommend jail terms of up to five years and fines of up to BD5,000.
Jail terms of up to three years and fines ranging from BD500 to BD1,000 would be imposed on ‘Peeping Toms’ and individuals found guilty of taking or spreading inappropriate photographs or videos of others, or those injured in traffic accidents.
The punishment would also extend to those convicted of editing or broadcasting the pictures or videos, and those who record and broadcast a ‘private conversation’, spread rumours intended to harm others, or circulate images of those injured or killed in accidents.
Defamation through mass media could lead to a violator being jailed for up to three years or fined between BD1,000 and BD3,000. Should multiple related offences be committed, the fine would range from BD3,000 to BD5,000 with the violator facing jail time of up to five years.
However, criminal action would not be initiated if the alleged victims, their legal representatives, or family members do not complain immediately.
The current article states that the punishment is jail for up to six months or a fine of up to BD50, or both.
Under proposed amendments to Article 372, those who open or read private communications could face jail sentences of up to three years and fines of between BD500 and BD1,000.
Leaking information from letters or calls would carry a fine of between BD500 and BD1,000, or jail time of up to three years or both.
However, if the offence is carried out intentionally to cause harm, then the fine jumps to between BD2,000 and BD5,000, or jail for up to three years, or both.
Under Article 354, inciting others to public indecency in words or actions could lead to fines of between BD100 and BD1,000, jail of between three to six months, or both. Currently, offenders face a spell behind bars for up to three months and fines of just BD20.
The ministries of Interior and Justice, Islamic Affairs and Endowments have reached an agreement with Shura’s foreign affairs, defence and national security and legislative and legal affairs committees over the new format that addresses unconstitutional or ambiguous additions.
Shura’s foreign affairs, defence and national security committee chairman Ali Al Rumaihi said the legislation aims to end the anguish in some people’s lives caused by the misuse of social media and broadcasting channels.
Shura’s legislative and legal affairs committee chairwoman Dalal Al Zayed said that the original amendments were good-natured, but not without extensive flaws.
MPs in March last year unanimously approved the legislation, which was drafted based on a proposal by the Shura Council, after a consensus was reached with the government.
The ministers of Interior and Justice, Islamic Affairs and Endowments, the Supreme Judicial Council and the National Institution for Human Rights have backed the new punishments as being fair and just.
The Legislation and Legal Opinion Commission has also backed the government-drafted amendments.
mohammed@gdnmedia.bh
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