In its next session, the Shura Council intends to discuss the proposed law regarding regulating propaganda and advertising activity through social media, as amended.
Representatives of the Ministry of Industry and Trade said that they need to study the proposed law to ensure that jurisdictions do not overlap between ministries, and to ensure that oversight is imposed on advertisers in general, regardless of their nationalities, pointing out that the Ministry stands in favor of making it easier for citizens.
For their part, representatives of the Ministry of Information noted the need to study the issue with the government, stressing that there is no complete legislative vacuum, but only in the aspect of social media. The law regulating the press, printing and publishing covers a large aspect, but there is a need for a law regulating social media.
The proposed law, according to the Services Committee report, aims to regulate the activity of advertising and advertising via social media in the Kingdom of Bahrain, and to create an appropriate and sound environment for practicing this activity in accordance with clear procedures that preserve the rights of all parties, and impose oversight by official authorities on advertising and advertising via social media in a way that protects society and individuals. Which may result in harm from practicing the activity.
The committee pointed out that the legislative organization that forms the basis of the proposed law is based on the issue of regulating advertising activity through social media, and protecting society from the challenges and dangers that could result from lack of regulation.
Regarding the importance of the proposed law, she indicated that it is consistent with the trend of comparative legislation in the Gulf Cooperation Council countries, which created means of control over advertising activity through social media, as it obligated everyone who wishes to practice this activity to obtain a prior license from the official authorities. It specified the conditions and procedures governing this, and set a number of standards and controls that activists in this field must adhere to.
She stated that the proposed law takes into account what the legislative policy in the Kingdom of Bahrain has established in terms of the law dealing with general rules, while leaving the procedures and means that determine how to apply these rules to the decisions issued by the executive authority, as they are subject to change and development according to developments. Therefore, the proposed law was limited to the framework. The general requirement of obtaining a prior license to practice the activity, stating the licensee’s obligations, the controls that must be adhered to, the prohibitions when displaying advertising materials, and the supervisory powers enjoyed by the Ministry, while the executive authority was authorized to issue decisions stating the conditions and procedures for obtaining a license, and specifying License fees, and a statement of any other controls or prohibitions to regulate this activity.
She pointed out that the proposed law adopted what the Bahraini legislator has been accustomed to in terms of a modern, clear-headed legislative policy, the focus of which is to avoid criminalization as much as possible in matters related to freedoms, and to use means to ensure compliance with the application of the law, such as warnings, imposing an administrative fine, and suspending or canceling a license. With regard to the technical matters related to conducting the activity, therefore, the proposed law authorized the relevant ministry to extend its control over the activity of advertising and advertising through social media through the possibility of imposing administrative penalties for violating the provisions of the law or the decisions issued in implementation thereof, provided that the gradual imposition of penalties is taken into account. Administrative and consistent with the nature of the violation, its seriousness, the stubbornness shown by the violator, and the damage that resulted from that.
She stated that the proposed law did not neglect to criminalize anyone who carries out propaganda and advertising activity through social media without obtaining a license from the Ministry, as well as anyone who intends to publish advertising material that violates the prohibition stipulated in Article (7) of the proposed law, given that this is considered an important matter. It is related to the stability of society and its core interests, as well as the protection of the rights of individuals.
The committee stressed that the proposed law contributes to supporting the energies and competencies of activists through social media by creating a legislative environment regulating advertising and publicity activity according to specific conditions, procedures and controls, and under the supervision of the official authorities in the Kingdom, taking into account the speed and ease of the procedures for submitting the license application and their clarity for all. And setting a nominal fee to obtain the license to be accessible to everyone.
It recommended that it be permissible to consider the proposal for a law regarding regulating advertising activity through social media, as amended, submitted by Their Excellencies Members Talal Al-Mannai, Jihad Al-Fadil, Abdul Rahman Jamsheer, Juma Al-Kaabi, and Reda Monfardi.
Al-Bilad newspaper alerts various profitable electronic news platforms to the need to be careful, as stipulated in the law concerned with protecting intellectual property rights, regarding the illegality of transferring or quoting the content of this journalistic material, even if the source is indicated.
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