• Overview

After imposing a siege on e-media, imprisoning and torturing social media activists and human rights defenders, such as Nabeel Rajab, Abdul Hadi Al Khawaja and others who are unfairly detained in Bahrain, the authorities expelled some opinion-makers and criminalized following pages of opposing figures and human rights defenders considering such accounts “inciting and destabilizing”. The Bahraini government is the first worldwide to criminalize the follow button.

 

• Developments in the ICT Sector

Bahrain is witnessing a remarkable change in telecommunication infrastructure. Users of broadband services are increasing. The government expanded the optic fiber cables, while cell phone users are decreasing. The Kingdom’s population reaches around 1.6 million. Cell phone service users decreased in comparison with 2016, as it reached approximately 2.087 million while landline users reached about 226 thousand. The broadband users reached approximately 2.33 million. Internet users reached around 1.5 million, forming 94% of the population, out of which 1.3 million have access to the Internet through cell phones. The cell phone services are offered by three companies: ‘Bahrain Telecommunication Company Balteco”, VIVA Bahrain and Zain Bahrain.

 

• Legal Environment for the ICT sector

This period witnessed new legislation concerning the Internet, private data and Terrorism Act. The King, on 27^th September 2017, issued decree no. 38 of 2017, to amend a bunch of articles in the telecommunications act concerning granting license for telecommunication networks and preventing monopoly…[1].

On 21^st July 2018, he issued a decree no. 30 of 2018 concerning protecting personal data which was applied on 1^st August 2019. The law grants individuals and institutions the right to direct personal data and take control over their privacy. The law established a “Body of Protecting Personal Data” which is entitled to supervise protecting such data. The body includes seven members to manage it from different perceptions: Bahrain University, Cabinet, Telecommunication Regulatory Authority, Bahraini central bank, Trade, and Industry chamber and a body that represents businessmen in financial institutions along with a member specialized in technology.

The law states that whoever deals with data in an outlawed way or without notifying the body or without acquiring a license will be sentenced to one year in prison and fined 20 thousand Dinar (53 thousand US Dollars).

On the 28^th of November 2018, the King issued a decree no. 54 of 2018 to issue a law for emails, the law grants validity for the electronic archives concerning civil and trading deals proved in civil publications which has evidence under the law of proof in civil and trading documents as long as it copes with conditions[2].

On 21^st of May 2019, the King ratified the law no.8 of 2019 to amend article no. 11 of law no. 58 of 2006 concerning protecting society from terrorism. The new law states that whoever promotes, hails, justifies, encourages terrorist acts, in or outside the Kingdom, will be sentenced to 5 years in prison and fined to 2000 Dinar ($5300)…[3]

 

• Social Networks

Social media in Bahrain became a principal source for news, an open space for discussion and a developed tool in forming public opinion. Bahraini authorities are keen on using such a tool and occupy a wide space on social media aiming at controlling voices calling for reform, threatening and terrifying the public in order not to follow human rights defenders. The Administration of Countering Cybercrime published a tweet on its official account on 30^th May 2019, threatening citizens if they follow accounts considered inciting and destabilizing, adding to this, those who share posts from such accounts are going to be punished. The administration considered blocking such accounts a “patriotic act”.

The General Manager of the Administration of Countering Cybercrime, on 1^st June 2019, asserted that sharing posts from human rights defenders’ accounts, which he considered “inciting and destabilizing” or providing any support to them through comments holds individuals liable.[4]

Facebook users in Bahrain reach around one million, The Arabic Network for Human Rights Information states that Twitter users in Bahrain amount to around 600 thousand, while Snapchat users are about 825 thousand and Instagram users are approximately 700 thousand.

 

• Blocking and Surveillance

The Telecommunication Regulatory Authority, in coordination with telecommunication companies working in Bahrain, is trying to control the electronic content and silence opposition through blocking websites that criticize the government and uncover corruption.

During this period the government blocked some websites:

Al Qatari websites, al Jazeera websites, and that were perpetuated in May 2017 after statements released by Qatari Emir concerning relations with Iran, Hamas and the Muslim brotherhood.

On 8^th December 2018, the government blocked “Awal”, one month after it was launched. Users found an electronic message stating: this site is closed for violating the Kingdom’s laws”.

 

• Persecution and Security threats

The Interior Ministry threatens human rights accounts’ followers:

The Bahraini Ministry of Interior, on 30^th May 2019, threatened citizens residing in it to take legal measures against them if they follow “accounts targeting social security in Bahrain”. Calling to unfollow such accounts. The ministry, in a statement, accused Sayed Youssef Al Mohafza, a human rights defender residing in Germany, and Hassan Abdul Nabi, an activist who is residing in Australia of “running accounts targeting Bahrain’s reputation”. Moreover, it accused Adel Marzouq, a journalist residing in London of “targeting stability among Bahraini sects”, on 21^st May, the ministry threatened him and whoever promotes for him to be held accountable.

 

Sentencing Nabeel Rajab to 5 years for tweets criticizing the war in Yemen:

Nabeel Rajab, a human rights defender and director of Gulf Center for Human Rights, is spending a 5-year-sentence in prison on charges of “defaming a foreign country” on the background of tweets he published in which he was criticizing Saudi Arabia and its alliance against Yemen. Rajab is spending another one year sentence for making an interview with media outlets in which he criticized the Bahraini government.

It is worth mentioning that Rajab was arrested on 13^th July 2016 and held in solitary confinement for 9 months until he was transferred to the Ministry of Interior’s hospital as he suffered complications from a surgery he underwent on 5^th April 2017.

 

Sentencing activist Najah Ahmed Youssef to 3 years:

Activist Najah Ahmed Youssef was summoned by Security Services Center in Al Moharaq province on 20^th April 2017 because she accompanied her son (14 years old) in an investigation concerning protesting without permission. Security forces interrogated Najah after interrogating her son on charges of “running accounts on social media publishing articles and videos inciting to hate the regime” as she runs a page that publishes news about protests against the Formula One race held in Bahrain.

On 25^th of June 2018, a Bahraini court sentenced Najah to 3 years on charges of “calling to changing the regime through social media accounts”. The court did not take into consideration Najah’s complaint concerning security personnel who physically assaulted her, tried to tear her clothes, touched her reproductive organs and threatened her with rape. The appeal court, in the first degree, upheld the verdict on 29^th October 2018.

 

Arresting and torturing Ibtisam al Sayegh, a human rights defender:

Security forces, on 3 July 2017,  stormed Ibtisam Al Sayegh’s house, a human rights defender and responsible for monitoring and documentation of violations in Peace Organization for Democracy and Human rights. This took place after tweeting about abusing detained females in a police station at Eissa city. Security forces led her to an unknown place without judiciary permission. Sayegh was held in solitary confinement in Eissa city and it was reported that she underwent torture and sexual abuse. On 18^th July 2017, the public prosecution issued a decision to detain Sayegh for six months pending investigations under the Terrorism Act, on charges of “hiding behind human rights to correspond with Dignity for Human Rights Organization and provide them with false information about the situation in Bahrain targeting the state’s image.”

Sayegh underwent long interrogations and was detained away from other prisoners. She went on a hunger strike in July 2017 in protest of the abuse she suffered. She was released on 22^nd October 2017 pending the case.

 

Imprisoning Sayed Al Derazi, a twitter activist, on charges of inciting hatred against the regime:

 

Security forces arrested Sayed Ali Al Derazi, a twitter activist, on 20^th February 2018, on charges of inciting to hate the regime and insulting the king on the background of posts published on twitter. The court, on the 9^th of May 2018, sentenced Derazi to two years on charges of “using social media to publish 200 posts for  5 years inciting hatred against Bahrain’s government and insulting the King and his family.”

 

Imprisoning Ibrahim Sherif for posts supporting the Sudanese demonstrations:

A Bahraini court, on 13^th March 2019, sentenced an opposition figure and a member of the central committee for Waad association (National Democratic Work Association), Ibrahim Sherif, to six months in prison and a fine of 500 Dinar ($1325) to suspend the implementation of the prison sentence on charges of “insulting a president of a foreign state” on the background of a post published on Twitter on 25^th December 2018, showing the photo of Al Bashir and stating “Go out man, 30 years ago Omar Bashir came on a tank claiming to be a savior and in his era civil wars erupted and Sudan was divided not to mention poverty, starvation and humiliating Sudanese people, it is about time for the Sudanese people to get their freedom and to oust this dictator”.

 

 

Imprisoning Ibrahim al-sheik on charges of publishing rumors during wartime:

On 14^th April 2019, the public prosecution decided to imprison journalist and writer in Akhbar al Khalij newspaper, Ibrahim Sheikh, after being accused of “publishing rumors during wartime”, the accusations are based on a complaint filed by the Administration of Countering cybercrime, accusing Sheikh of “harming national security and public regime and damaging the public interest” for criticizing media coverage of the war in Yemen through an article published on his account on social media titled “media misleading and military catastrophe” he was released on 18^th April 2019.

 

 

Imprisoning lawyer Abdullah Al Hashem on charges of publishing false news:

On the 15^th of May 2019, the public prosecution summoned Abdullah Al Hashem for investigation after receiving a complaint from the Administration of Countering Cybercrime accusing Hashem of “using his personal account to publish false news that may harm public order”. The prosecution decided to imprison him for a week pending investigations and confiscating his cell phone after accusing him of publishing false news that may damage the public system, on the background of posts published on twitter. He was released on the 21^st May 2019 pending case.

 

 

Trying political activist Ali Jassem on charges of insulting God:

On 4^th August 2019, public prosecution interrogated political activist and member of United Gathering, Ali Jassem, about a complaint filed against him by the Administration of Countering Cybercrime accusing him of insulting God in his Instagram account. The prosecution decided to detain Jassem pending the case and referring him to trial after accusing him of “attacking religion, insulting, defaming, and misusing social media”.

[1]                             Legislation and Opinion legal website, decree no. 38 of 2017 to amend some articles in the telecommunication act issued with a decree no. 48 of 2002 – 27^th September 2017, last visit 8^th December 2019                http://www.legalaffairs.gov.bh/AdvancedSearchDetails.aspx?id=145614#.Xe76DRtS_IU

 

 

 

 

[2]                                  Ibid.

[3]                               law no. 8 of of 2019 published on Legislation and Legal Opinion on 23^rd May 2019 – last visit: 9 November 2019                http://www.legalaffairs.gov.bh/196887.aspx?cms=q8FmFJgiscJUAh5wTFxPQnjc67hw%2Bcd53dCDU8XkwhyDqZn9xoYKj2QA8aA6TMDowGbQcbszWjaFdsihzbiJWQ%3D%3D#.XckdYq9S_IU

 

 

[4]                             News on Ministry of Interior website titled “responsible freedom of expression is available like other freedoms” – published on 1^st of June 2019 – last visit: 12^th December 2019                 https://www.policemc.gov.bh/news/ministry/92432