A proposal to criminalise the misuse of deepfake technology sparked intense debate in the Shura Council yesterday.
It culminated in a 32-member vote to return the draft to the foreign affairs, defence and national security committee for further review, overturning the committee’s earlier recommendation to reject it.
The proposal seeks to add a new article to Law No (60) of 2014 on Cybercrime, criminalising the use of information technology systems to produce, alter or fabricate audio or visual content that could subject others to contempt, damage family reputations, or be used for unlawful purposes such as blackmail.
Out of 35 members present, only Dr Ibtisam Al Dallal rejected the bill and two members didn’t vote.
Committee rapporteur Ali Al Aradi said the panel had initially recommended rejection after concluding that existing laws already provide sufficient protection against misuse of deepfake technology. He cautioned against rushing into standalone legislation and also pointed out technical challenges.
Mr Al Aradi
Deepfake refers to the use of AI and machine learning to create convincing, synthetic media – images, audio or video – that depict people saying or doing things they did not actually say or do.
“Deepfake detection technologies are still evolving and have not yet reached a level of certainty that allows decisive reliance in criminal evidence,” he said. “Issuing a specific text may prolong investigations and open complex technical disputes before the courts.”
However, several members strongly disagreed with shelving the proposal.
Human rights committee vice-chairman Ali Al Shehabi, who backed the legislation, said the initiative reflects the council’s proactive approach inspired by the leadership’s vision.
Mr Al Shehabi
“The aim is to regulate the phenomenon before it occurs,” he said. “There is no sense in waiting for damage to happen before we legislate.
“Today, we are facing conduct that cannot occur except through information technology. There is no explicit text in the Penal Code addressing this specific behaviour.”
He revealed that the Cyber Security Directorate at the Interior Ministry had confirmed the rapid global spread of deepfake misuse.
“Neighbouring countries have enacted specific laws. Raising community awareness is the first line of defence in protecting national figures and institutions from digital deception.”
Public utilities and environment affairs committee chairman Dr Mohammed Ali Hassan said current legislation does not sufficiently cover deepfake technology.
Legislative and legal affairs committee chairwoman Dalal Al Zayed described the societal harm as profound.
“The impact of misuse and fabrication touches individuals, family reputations and public decency,” she said. “Blackmail cases extend beyond the victim to their entire family. Only those who have suffered such harm truly understand its gravity.”
She acknowledged global challenges in tracing perpetrators but insisted legislation is part of the solution.
“When there are up-to-date laws, regional and international co-operation becomes stronger,” she said. “Progressive legislation creates expertise and mechanisms to pursue those who tamper with people’s reputations.”
Ms Al Zayed added that penalties should extend to those who knowingly share defamatory content online.
Shura Council first vice-chairman Jamal Fakhro cited the memorandum of the Shura’s legal advisers, which stated that the proposal responds to an urgent legislative need and does not raise constitutional concerns.
“This is preventive legislation,” he said. “The Interior Ministry says no cases have yet been recorded in Bahrain, but technological development obliges us to act before harm occurs.”
He rejected the argument that existing Penal Code provisions are sufficient.
“Those articles address privacy violations of real acts,” he said. “We are talking about fabricated, unreal events generated by artificial intelligence.”
Foreign affairs, defence and national security committee chairman Dr Ali Al Rumaihi noted that artificial intelligence applications are expanding at unprecedented speed and a law was essential to deter criminals.
“There are tens of thousands of AI-based programmes worldwide, including around 60 video-specific technologies alone,” he said. “The international community still faces difficulty proving AI-generated crimes conclusively.”
He revealed that Bahraini specialists are being sent abroad to exchange expertise and that a comprehensive AI law may be under consideration.
Member Dr Abdulaziz Abul backed the proposal’s forward-looking intent.
“What we are witnessing globally is a technological explosion,” he said. “Some of these tools have been used to fabricate voices of senior officials and even fuel tensions between states. A pre-emptive deterrent is necessary.”
Following the debate, members voted to return the proposal to the committee for further study, effectively reopening the door for amendments and renewed consideration.
The move quashed the earlier recommendation to reject the bill outright, signalling strong support within the chamber for exploring a preventive legal framework against the misuse of deepfake technology.
mohammed@gdnmedia.bh
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