BAHRAIN. In the meantime, the Bahraini Government fully owns the mass media and the news agency.

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1 BAHRAIN 1. What are the most important national media institutions (regional media institutions based in your country) including: newspapers, radio and television that are found in your country? Give a brief profile of each including: ownership date of establishment circulation scope of work and most important characteristics? In Bahrain, there are four Arabic newspapers and an English language one. They are Akhabar el-khaleej (gulf news), el-ayyam (days), Sawat el- Bahrain (voice of Bahrain), el-wassat (the middle), and the Bahrain Tribune. Except for el-wassat and Akhbar el-khaleej, which have been recently issued and are owned by the private sector, the other newspapers are run by Government-appointed board chairpersons. In the meantime, the Bahraini Government fully owns the mass media and the news agency. 2. What are the most important legal stipulations and provisions that sponsor the work of mass media (the Constitution, the laws and regulating procedures)? To what extent do such stipulations ensure the freedom of the mass media institutions and the press reporters in dealing with issues of public interest, and those related to state and public institutions reform? Are there laws pertaining to censorship, defamation and libel, media morals and ethics, as well as laws regulating the profession and the sector, etc.? Article No.23 of the Bahraini Constitution says: "Freedom of expression and scientific research is guaranteed. Every person has the right to express his or her view/opinion either orally or in writing, or through other means. This expression of opinion should be in compliance with the terms and conditions, which the law has specified." Article No.24 of the Bahraini Constitution says: "Freedom of the press and publication is guaranteed in compliance with the terms and conditions, which the law has specified." Article No.31 affirms: "Governing and regulating of general rights and freedoms, which are mentioned in the Constitution, should be determined by a low, or based on a law. However, it is not permissible for this process of governing or regulation to undermine the essence of these rights or freedoms." The National Charter Under the title of Freedom of expression and publication, the National Charter, unanimously approved in February 2001, affirms: "Each (Bahraini) national has the right to express his or her opinion either verbally or in writing or through any other means of expression or personal creativity. In accordance with this principle, the freedom of scientific research, and the

2 freedom of the press, publication and printing are guaranteed within the limits that are identified by the law." Enforcing the law, which regulates the press and publication, has been frozen until a new legislation, which is in the pipeline, is ratified. This law has been issued in compliance with Royal Decree No.47/2002 on 23/10/2002. It was enforced after it had been published in the Bahraini Official Gazette on October 30, The law took the journalistic and media, publication and publishing workers by the storm because it adopted an extremely hard line against the journalists. It has also curbed the rights and freedoms, which the Constitution has guaranteed in the areas of expression and belief. It is safe to say that this law has completely torpedoed a draft bill that has been presented by a sub-committee of the Constitution Enforcing Commission. It is worth mentioning that a host of Bahraini journalists, writers and intellectuals have participated in drafting the bill. One of the most dangerous articles in the Government's law is the one concerning the use of prison penalty against journalists. In addition, this law has given the Minister of Information greater powers to officially censor all the materials that are either published, or printed, or broadcast through audio, visual and electronic means. Due to the large scale protests, which were launched by the Bahraini media circles and civil society associations, the Prime Minister suspended enforcing the law until it was amended by an ad hoc committee. The members of this committee, formed to study the law and present its proposals for amending it to the Prime Minister, were the editors in chief of the three daily newspapers, three members of the Sub-Committee of the Constitution Enforcing Commission, the Minister of Information and the Minister of State for Cabinet Affairs. The ad hoc committee has submitted its visions to the Government and it is expected that the draft bill will be referred to the house of deputies (lower house of the Bahraini parliament) soon. The Shurah Council (upper house of the Bahraini parliament) is debating the draft bill, whose importance lies in the fact that it removes many of the confusions that are found in many laws pertaining to the press and especially in the criminal law. Following is a list of explanatory grounds upon which the new law has been designed: 1. The law affirms the principle of the freedom of the press, the freedom of issuing and producing newspapers and the freedom of the people to obtain information from newspapers of their own choice. 2. The law affirms the freedom of publication and publishing and encourages the private sector to launch business ventures in these areas. 3. The law affirms the freedom of expression, which the Bahraini Constitution and National Charter have guaranteed within the context of the deeply rooted customs and traditions of the Bahraini society.

3 4. The law affirms the freedom/right to have access to information and protect the secrecy of their source. 5. The spirit/essence of the law is derived from the principles of the Constitution and National Charter; and that the basis of this law is tolerance and its exception rule is prohibition. 6. The law stipulates that the judiciary apparatus is the only agency that will be concerned with handling grievances against administrative decisions. 7. The law calls for abolishing any form (s) of censorship that has been imposed on newspapers, or publications. 8. The law affirms the independence of newspapers (press establishments) and guarantees the rights of journalists and writers to express their views/opinion. 9. It also stipulates that the law must organize and govern all the activities of the electronic press and publication. It is not enough when the legalists declare the birth of freedom without having it enforced or practically applied in the society. Prior to turning this freedom into a reality, it is quite necessary to identify its contents, limits, and terms. It is also important to identify the legal terms and conditions through which this freedom can be expressed. Publication laws determine the reality of this freedom. Further to the fact that the Press is a popular power, it must play its role freely and independently to ensure that the freedom of conscience, thought, expression, and publication is practiced and that the people can enjoy their right to obtain the correct information that must be published and circulated. Meanwhile, the Press is a tool for monitoring the performance of the institutions of the society through expressing the people's opinion and criticism, and publishing news and information. This process should be carried out in compliance with the Constitution, National Charter and the law. It should fully respect the basic norms of the Bahraini society and the rights and freedoms of others. In the meantime, this process should preserve the values and ethics of the society and protect the national security as the law has specified. This draft bill was proposed to replace the previous (press) law, which had been made before the beginning of the current political developments. Therefore, the provisions of the previous law were incompatible with the constitutional and legislative developments/changes that had taken place in Bahrain. The proposed bill would replace Law No.47/2002, which regulated the performance of the Press and publication, and which became incompatible with the constitutional and democratic changes that occurred in the nation. Article No. 31 of the draft bill has been designed to affirm the freedom of the Press and expression and to confirm that the Press should not

4 be subjected to any form of pre-set censorship. In the meantime, Article No. 64 of the proposed legislation stipulates that any violator of the articles of the new press law would be subjected to pay a fine. Consequently, it has abolished any punishment that restricts the freedom of expression. In addition, the proposed legislation has given more protection to the Press as it stipulates that no newspaper will be suspended or closed unless there is a court ruling that orders so. The proposed law is divided into four chapters, which have been logically arranged. Chapter One gives a clear definition to each legal term that is used in this law in order to make the reader understand its precise meaning to avoid any sort of confusion, or misunderstanding. Chapter One includes provisions dealing with print shops and publications. Article No. 4 stipulates that any person can open a print shop, or use a print shop, and that any person can open a shop for selling or renting publications. It also says that any person can open an agency for advertisement, publicity, publishing, distribution, or translation works. In addition, Article No. 4 says that any person can open a facility for artistic/theatrical production, or an office for conducting studies and research, whose type and nature are listed in the said article. Moreover, Article No. 4 stipulates that the owner should notify the ministry about any measure that has been taken for the print shop. Article No. 16 stipulates that the heirs (inheritors) have the right to demand the transfer of the license of the facility to their own name (s) (after the death of the original owner), or to the name of any other person (s) they (the inheritors) may choose. In order to highlight the importance of mentioning the name of the press shop and the publisher in the publication, Article No.9 specified that their name (s) and the date of issuance should appear on the last two pages of the finished material. It also specified that two copies of the publication should be deposited in the ministry concerned. In order to identify the responsibly, Article No. 20 of the proposed law stipulates that the minister concerned through the ruling of a summary court- is the only person who decides the banning or importing of any publication, or its sale, or circulation if it (the said publication) contains contra banned contents/materials, which the provisions of the law have identified. Chapter Two is concerned with the newspaper (s). Article No. 24 stipulates that newspapers should not be subjected to any preset or future form of censorship on the grounds that the freedom of the Press is the foundation of democracy, and that this freedom constitutes the crux of development and a key support to the culture of the nation. Article No. 40 has given every judicial or natural person, who meets the conditions and terms set by Article No. 42, the right to issue a newspaper on the condition that all the data that are required in Article No. 43 be included in the application, which the person submits to the ministry concerned to issue the newspaper. In Article No. 47, the law sets clear and specified conditions and restraints that do not give any chance for any interpretative judgment to add more restrictions. The article is clear, concise and short for any applicant, who meets the legal requirements and wishes to obtain a license for issuing a

5 newspaper. It stipulates that the minister should issue a decree within a period of 45 days to approve or disapprove the application. The article says that if a decree was not issued within the specified period of time, then the applicant would consider that the ministry had agreed on his/her application to get a license. However, if the ministry refused the application, the applicant within a period of 30 days after being notified of this decision- would have the right to resort to the court concerned. In case that the ministry approved the application, the applicant within a period of 90 days- should provide the ministry with all the information and data that were mentioned by Article No. 42. Article No.49 clearly states that any sale or renting of a newspaper license will be considered void and null. However, the article says, it will be possible to concede the newspaper license after winning the approval of the ministry concerned. Article No.44 clearly states that the newspaper must have an editor-in-chief, who will be responsible for its contents/material. In addition, the article adds, it is possible to appoint a head for each one of the newspaper's sections. Article No.45 has specified the entry requirements and qualifications for an editor-in-chief. An editor-in-chief, the article says, must have a university degree or its equivalent and should have a five-year experience in this field so that the person, who occupies this post, would be intellectually, culturally and scientifically mature enough to run the paper. Article No.45 says that journalism is professional job that must be done by an educated and experienced person. Article No.55 of this draft bill has identified the reasons for revoking a newspaper license. However, it stipulates that rescinding the license should be in accordance with a final ruling that has been issued by the court concerned. Chapter Seven Articles Nos. 64, 65, 66, 67 and 68 of the draft bill stipulate the issues, whose publication is embargoed and the newspaper (s) should mention. Article No.73 of the draft bill stipulates that the general prosecution is the only agency that has to press charges and investigate all the crimes, which this proposed legislation has identified. Article No. 70 says that the Greater Civil Court will be the court of competent jurisdiction to hear cases/suits, which the draft bill has identified. In Article No. 72, the law has specified the time period after which all legal charges are dropped. In order to ensure that the Press enjoys a bigger portion of protection and freedom, the law sets a three-month period after which the legal charges will be scrapped. The law-makers are of the view that this is an enough period to settle matters in order to avoid longer duration of times, which may pose a threat to the stability of the Press and consequently affect its work and performance. In addition, Article Nos. 64, 65, 66 and 67 have identified the appropriate penalties that should be imposed on the law breaking editors-in-chief, article writers and authors. These are financial penalties, which are compatible with the freedom of the Press. The legislators are of the view that freedom restricting penalties, like imprisonment for example, are incompatible with Press work, which requires more freedom and protection. They also believe that libel suits represent differences in opinions and views about various

6 issues. Therefore, the law-makers argue that the freedom restricting penalties are unsuitable and that the amercement, whose amount should be determined according to the degree of the offence, is enough. According to Article No.56, if an editor-in-chief has published an article that slanders or humiliates some person (s), he will be obliged by the law- to publish a gratis apology in the newspaper if the story is proved to be wrong. The apology should appear in same place in which the editor-in-chief has run the story/article in question. It should also occupy the same space and length of this story/article and it should be published in the same font/letter set. The apology may be a letter-to-the-editor in which the complainant, or his surrogate, or first class relatives (sons, grandchildren, or heirs) may refute the contents of the story/article in question. It also possible to publish a court ruling in a libel case right after its announcement in the following issue of the newspaper. This ruling may appear in another newspaper if it were difficult for the editor-in-chief to publish it in his own newspaper. The convict will pay for the expenses of publishing the ruling. In addition, Article No.56 stipulates that the editor-in-chief, if he were found guilty of violating the provisions of this article, will be ordered to pay a fine that must not exceed the sum of 1,000 Bahraini dinars. Article No.21 of the proposed law says that any person is found guilty of issuing a newspaper without obtaining the approval of the ministry concerned; he will be required to pay a fine whose value should not be less than 100 Bahraini dinars and not more than 1,000 Bahraini dinars. Chapter Nine: This chapter has listed conclusive rulings. It stipulates that there are certain agencies that are exempted from applying the provisions of this law. These agencies are the National Council, the ministries, the governmental agencies, general institutions, and publications that have a private or commercial nature. According to Article No.82, they are exempted from applying this law because the content of their publications does not violate the provisions of this law. Meanwhile, Article No. 86 says that Laws Nos.14/1979 and 47/2003 along with the provision (s) of any legislation that contradicts with the provisions of this draft bill should be rescinded. Article No.87 stipulates that the minister concerned should issue the necessary ministerial decrees in order to enforce the provisions of this (proposed) law. 3. What is the role played by the ministries concerned (the Ministry of Information, etc.), official or joint authorities (the Information Higher Council) in regulating, setting up the framework and monitoring the media scope of work? The Bahraini Ministry of Information has a wide variety of powers. It has been noticed that the minister of information uses these powers to pressure the journalists.

7 4. Are there any media syndicates or alliances? How independent are they? Do they seek to protect the freedom of expression and media men s rights? There is the Bahraini Journalists' Association, which is independent from the Government. The Association, whose administrative section heads are elected, is concerned with defending the freedom of the press and the journalists. In many cases, the Association has adopted firm stances on certain issues pertaining to the detaining of journalists, or bringing them to trial. It has also adopted many journalistic issues such as changing or amending the laws that are concerned with the freedom of expression. Recently, the Bahraini Government has agreed to turn the association into a syndicate, or a union that will join the professional syndicates. 5. What is the number of reporters and media men working in the media inside your country? What are their most important characteristics (e.g. age, nationality education professional qualifications)? No exact figures are available at present. 6. To what extent can the mass media exercise freedom of expression? What are the reasons of censoring, chasing, harassing, banning mass media as well as using other means of curbing the freedom of the media? There are different views on the levels and degrees of the freedom of expression in Bahrain. A comparison between the present situation and what was available in Bahrain three years ago will indicate that the freedom of expression has noticeably improved. One of the most vivid indications to substantiate this improvement is the appearance of many articles in the local Press that have criticized some social issues, or laws. In addition, the newspapers have become more objective in their coverage of local issues and events and that they run stories containing views that oppose and challenge those of the Government. However, the majority of the newspapers are still being controlled by the directives of the Government especially when it comes to covering the activities of the leadership, or those of the State officials. In addition, these newspapers would not cover most of the activities of the opposition. For example, the newspapers will not as always- publish detailed news about seminars during which the opposition figures criticize the Government. Instead, the papers would run very brief and short stories about these events in such a way that the main contents of these seminars are either lost, or misunderstood. Moreover, the majority of the newspapers usually ignore the publishing of news releases or statements that are issued by political and human rights groups, including the Bahraini Human Rights Society, in which they declare their stance on certain local and international issues. While, the TV and Radio, which work under the supervision of the ministry of information, only express the Government's views on sensitive issues like the Constitution, the new laws, and the policies and stances of the

8 State, they will not give the opposition the same chance to express its views. Three legal suits, recently filed by the public prosecution against Akhbar el-khaleej, el-wassat, and el-democrati newspapers, have shown the problems, which the freedom of expression and journalists have in Bahrain because of Law No. 47/2002. This law allows throwing journalists into jail. 7. Is there sufficient freedom and possibility of creating new mass media within the state monopoly, conditions of licensing, conditions of funding and conditions of technology for creating such media (ranging from printing, the distribution of radio waves, providing television channels and facilitating electronic communication, etc?) As mentioned in the above answers, two new daily newspapers have been issued recently. With the approval of the proposed law, the door will be wide open for many more new newspapers to appear. In the meantime, the monopoly of the State over the TV and radio is not expected to end in the future. 8. Are there several mass media in your country providing for competition? Are there opposition mass media? There is diversity and competition among the written Bahraini media. There are no opposition newspapers in the true sense of the word. However, the present margin of freedom is not applicable to the audiovisual mass media, which express the views of the Government. 9. What is the balance of power between national mass media and foreign mass media in your country working through radio and satellite television? Like the majority of the Arabs, the Bahrainis watch the Arab satellite TV stations, which compete against the various local media channels. 10. How much coverage and follow up does the media give to issues of state, public administration and public institutions reform? Are there any programs or sections covering such issues? The Bahraini Press actively follows up the reform programs. It contributes to promoting the people's awareness of these programs now that the Bahraini political life has become active recently. However, the stateowned media apparatus is concerned with relaying and broadcasting official news and promoting the Government's reform programs. In the meantime, the Bahraini mass media does not have organized work that takes the shape of news programs about the reform process.

9 11. Do citizens, civil society institutions and public sectors resort to the mass media to voice their opinions, forward their suggestions for reforming the state, public administration and public institutions? Many Bahraini nationals express their views and send their complaints to the local newspapers, which courageously publish them. 12. How easy or difficult is it for reporters and the mass media to access information, data and official documents? To what extent can such information be leaked to the mass media? At present, there are many major problems to obtain information. May be the new law, if approved, will solve these problems. 13. To what extent is information made public, available and accessible concerning: Discussions and decisions of the Ministers' Council Only what the Government announces. Parliamentary debates They are made public and appear in the Internet except for the debates held behind closed doors. Debates at parliamentary committees They are public and appear in the Internet except for their closed-door meetings. Legislations and decrees They are made public and published. Reports by watchdog authorities They are made public and published. The state budget and its items They are published, except for security and royal expenditures. Court rulings They can appear in print after appearing in the Official Gazette. National statistics Not all of them are published due to political sensitivities as they deal with the issue of population. Other official documents and papers They are available depending on the importance and sensitivity of their topics.

10 14. What are the most important laws and regulations pertaining to documents, data and official information and their accessibility? The Penal Code. The Press Law, which is currently being suspended. Recently, the State Security Law, which one of the legislations that restrict the circulation of information, has been suspended. In Bahrain, there are on-going debates on other laws. 15. Are there pressure exercised, initiatives taken, or campaigns launched to expand the scope of freedom for citizens and mass media to have access to information and official documents? Are there any proposals to draft relevant bills? There are no organized initiatives inside Bahrain. But there is pressure that takes the shape of press campaigns pertaining to the law, which governs and organizes the performance of the Press. However, there are no effective demands for endorsing a special law to secure access to information.