A new legislation that seeks to criminalise the production and circulation of ‘deepfake’ audio and visual content is on the Shura Council table on Sunday ... but a key committee has recommended that it be rejected.
The proposal, submitted by five members led by human rights committee vice-chairman Ali Al Shehabi, calls for the addition of a new Article (10 bis) to Law No (60) of 2014 on Cybercrime to specifically penalise the creation and dissemination of manipulated digital content using information technology systems. However, the foreign affairs, defence and national security committee has advised the council to vote against the draft.
Committee chairman Dr Ali Al Rumaihi said that while the proposal addresses an important and emerging issue, existing legislation is already sufficient to tackle the misuse of such technologies.
“There is no legislative vacuum in this regard,” Dr Al Rumaihi said. “Current criminal provisions are broad enough to encompass acts resulting from the misuse of deepfake technologies, particularly where they infringe on reputation, dignity or privacy.”
The proposed amendment stipulates penalties of imprisonment and fines ranging from BD3,000 to BD10,000, or either penalty, for anyone who produces or falsifies audio or visual material using information technology systems with the intent to circulate, publish or distribute it in a manner that subjects others to contempt or harm, damages family reputation or serves an unlawful purpose.
The explanatory memorandum defines deepfake technology as the use of artificial intelligence and machine learning to create or manipulate digital audio or visual content in a way that realistically imitates real individuals or events, making it difficult for viewers to detect fabrication.
Dr Al Rumaihi said the committee’s held consultations with the Interior Ministry, the Justice, Islamic Affairs and Endowments Ministry and the bill’s sponsors and concluded that the objectives of the draft law are already addressed under existing statutes.
“In particular, Articles 290, 364 and 370 of the Penal Code, alongside Article 23 of the Cybercrime Law, provide comprehensive coverage for offences involving defamation, false attribution, invasion of privacy and the publication of harmful or fabricated content,” he said.
Representatives from the Interior Ministry told the committee that no standalone deepfake crimes have been recorded to date.
“Technical tools for detecting deepfakes remain under development and may not provide the degree of precision required for criminal proof,” Dr Al Rumaihi noted. “Introducing a specific offence at this stage could create evidentiary and procedural complications.”
The committee also raised concerns that singling out deepfake technology in a separate provision could fragment criminal policy by focusing on the tool rather than the criminal outcome.
“If regulation becomes necessary, it would be more appropriate to address it within the Penal Code as part of a coherent criminal framework,” Dr Al Rumaihi said. “Criminalisation should be based on the nature and consequences of the act, not merely the technology used.”
He added that Bahrain is currently preparing comprehensive legislation on artificial intelligence, which would provide a more suitable platform for regulating emerging technologies in a structured and consistent manner.
“Given the rapid evolution of AI applications, legislative prudence is required,” he said. “We must avoid enacting provisions that may soon become outdated or technically impractical.”
The Shura Council will debate the committee’s recommendation during Sunday’s session, where members will decide whether to proceed with the proposed amendment or maintain the current legal framework governing cyber and criminal offences.
Read more:
King commends US friendship
Path to Peace
ENT conference to showcase latest advances and research
&uuid=(email))