Lawyer warns anonymous online abuse can lead to jail or fines in Bahrain

TDT | Manama

Email: mail@newsofbahrain.com

Anonymity online offers no shield from Bahrain’s criminal law, with abusive posts, messages and comments able to leave their writers facing jail or fines, lawyer Jassim Al Issa said.

Speaking to The Daily Tribune, Al Issa said the speed of social media had turned a stray message or post into something far more serious.

“A message, a comment or a post can turn into a crime of electronic insult or defamation,” he said. “The space is digital, but the law still reaches it.”

He said such cases are dealt with under Bahrain’s Penal Code, Law No. 15 of 1976, as well as the Law on Information Technology Crimes, Law No. 60 of 2014.

Honour

Article 365 of the Penal Code states that anyone who publicly abuses another person in a way that harms that person’s honour or standing can face up to one year in prison or a fine of up to BD100.

Article 366 says that if the insult or defamation takes place by telephone, or in front of the injured party and others without provocation, the penalty can reach six months in prison or a fine of up to BD50.

If it happens directly in front of the injured party with no one else present, the punishment is a fine of up to BD50.

Risk

Al Issa said the same legal risk can arise from acts many users treat lightly, such as posting an abusive remark on social media, sending an email carrying insult or defamation, or sharing photos or recordings of accidents and injuries without the consent of the person affected.

He said the penalty can include jail and a fine, above all when the harm is meant and the material spreads to a large audience.

“A post can reach hundreds, even thousands, within minutes,” he said. “The damage spreads far faster online.”

Trouble

He said investigators can still face trouble in tracing those behind such acts, since some use false names or sham accounts, and some accounts are run from outside Bahrain.

There is also the need to prove criminal intent, meaning the case must show that the words were used to harm the victim’s name, honour or social standing.

Even so, Al Issa said Bahrain’s courts deal with online insult and defamation with the same seriousness as older forms of the offence, and at times pay even closer heed because of the speed and reach of online circulation.

Insult

He urged anyone exposed to insult, defamation, threats or the posting of harmful images to keep messages and posts as digital proof, go to the relevant authorities as soon as the harm occurs, and avoid replying before the material has been properly recorded for legal use.

“A false name does not keep you out of reach,” he said. “Each word written or sent can turn into criminal liability.”