A draft law aimed at protecting children from online dangers faces calls for a rethink, with the government warning that its proposed restrictions could infringe on privacy, overlap with existing legislation and prove difficult to enforce.
The bill, submitted by the Shura Council, seeks to introduce a new chapter on digital safety into Bahrain’s Child Law, including a ban on children under 15 creating accounts on digital platforms.
It would also require platforms to introduce age-verification mechanisms and appropriate protection measures based on the risks associated with their content and services.
For children aged 15 to 18, platforms would have to provide privacy and protection settings, while parents or guardians would be responsible for monitoring usage, limiting screen time and taking steps to reduce exposure to harmful content.
The proposal also envisages clear mechanisms for reporting inappropriate material and gives the Telecommunications Regulatory Authority (TRA) a role in issuing policies and regulatory instructions on age verification and related controls.
However, the government said the draft law, in its current form, lacked sufficient safeguards for personal data and did not clearly specify what information platforms could collect to verify users’ ages.
It warned that age verification could involve collecting sensitive personal information unless the law established clear limits on data processing and safeguards against excessive collection.
The government argued that any restrictions on digital communication must strike a proportionate balance between protecting children and respecting constitutional rights, including privacy and the confidentiality of electronic communications.
It also questioned the broad definition of digital platforms, saying the proposed wording did not establish sufficiently precise criteria for determining which services would fall within the law’s scope.
The draft was also criticised for failing to define harmful or inappropriate content clearly, while using general terms such as levels of risk and privacy protection without setting measurable standards.
The government said the lack of clear requirements could leave platforms uncertain about their obligations and lead to inconsistent interpretation and enforcement.
It also called for greater clarity on parental consent, how consent could be withdrawn, reporting procedures and the minimum tools platforms would be required to provide to help parents manage children’s online activities.
Enforcement could also prove challenging because many digital platforms operate across national borders. The government said the bill needed to clarify the legal basis for exercising jurisdiction over foreign operators and establish practical mechanisms for enforcing compliance.
The government further argued that Bahrain already had legislation addressing many of the issues covered by the proposal, including the Telecommunications Regulation Law, the Cybercrime Law, the Electronic Communications and Transactions Law and the Personal Data Protection Law. It also highlighted the Child Restorative Justice and Protection from Abuse Law, saying the existing framework should be considered as part of a co-ordinated approach to protecting children in the digital environment.
Introducing a parallel regulatory framework, it warned, could duplicate obligations, create uncertainty over the responsibilities of different authorities and complicate implementation.
The government also questioned whether an outright restriction on account creation for children under 15 would be practical, particularly when compared with the age requirements adopted by international platforms. It said the proposal should consider educational uses and other circumstances requiring a more flexible approach.
While acknowledging the importance of protecting children from online abuse and harmful content, the government called for the draft law to be revised to establish clearer legal definitions, well-defined responsibilities and effective enforcement mechanisms.
It has been referred by His Royal Highness Prince Salman bin Hamad Al Khalifa, Crown Prince and Prime Minister, to Parliament and forwarded to the services committee for review.
mohammed@gdnmedia.bh
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