General Overview

The Kingdom of Bahrain is a small country in the center of the Arab Gulf surrounded by larger countries which force it to play a delicate balancing role in its foreign policy. These sensitive relations color the public situation in Bahrain and are reflected in all aspects of political and social life especially because the country includes a large Shiite population but is ruled by Sunni king and government. This situation is reflected in the level of internet freedom and freedom of expression generally. Demonstrations serve as an example of these tensions. On June, 29 2005 there was a demonstration of some 400 Bahraini Shiites citizens in front of the Bahraini newspaper "Al-Ayam" protesting about a caricature of the Guide of the Iranian Republic published by the newspaper which was considered an insult by the Shiites. (1)

Bahrain has a population of some 720,000 people, among which about 235,000 are non-Bahraini citizens (2).

Internet and Telecommunications Sector

In the field of telecommunication, there are more than 196 000 phone lines and some 748,000 mobiles phones. There were already some 150,000 computers in Bahrain by 2002.

From when the Internet first became available in Bahrain until 2002 "Batelco" www.batelco.com controlled Bahrain 's telecommunication market as it had a monopoly. In 2002 a decision was passed to free the market, nevertheless, Batelco company still dominantes the Bahraini market. In 2002 there were some 50,000 internet subscribers and some 125,000 internet users. According to the latest statistics the number of users would now amount to some 152,000.

The monopoly enjoyed by Batelco has generated a lot of criticism, especially concerning the high prices of Internet services which encouraged some subscribers to establish a specialized site to protest against the company's policies (3).

Although "Batelco" presented some offers of ADSL it only does so at a very high cost. Press reports say that the reason for the policy is to limiting internet use because of fear of its political empowerment (4).

In a poll sent out by the Arabic Network of Human Rights Information (HRinfo) during the research preparation it appears that the main issue for the users was the very high price of the service (5). Indeed, 40 dinars per month (100 US dollars) is a very high price especially when the individual's income average does not exceed 150 Bahraini dinars per month. The results also showed that the state is responsible for such a situation as it protected Batelco's monopoly. A participant described "Batelco" company as “willing to rob the people of Bahrain in every way” (6), and another said these prices were unbearable for 75% of Bahraini families and negatively affected the spread of the internet (7).

Communication and Internet Law

In 2002, Bahrain passed law No. 48 on telecommunications establishing an independent authority whose duties include the protection of customers' interests and encouraging the competition among the licensed operators (8)(9). http://www.bix.bh is a non-for-profit authority granting licenses to new internet service providers. These legislative steps have put an end to the monopoly enjoyed by "Batelco" company on the market for more than two decades (10). Since then, seventeen companies have got licenses to provide internet services in Bahrain (11). But according to the latest reports, most companies are not ready or face a shortage in infrastructure (12). Nevertheless, some companies have additional licenses to provide currently unavailable telecommunication services via Internet in Bahrain (13).

In spite of these hindrances, the Bahraini internet community is very active in web forums and on online discussion sites. Activists from all political persuasions take part. For Bahrain this is a remarkable activity as it is one of the only places where citizens can freely express themselves. However, despite the authorities promises of openness and democracy activists are still sometimes detained by the government, even though Bahrain is relatively free when compared to other Arab governments.

In 2002, Bahrain passed a new press law which faced widespread opposition because many considered it as retreating from the promises of democracy and freedom that the Government had made. This law allows for the imprisonment and fining of journalists and newspaper editors whose websites are blocked for publishing ‘illegal' data and information. (14). The law includes punishment for journalists who attack the King, Islam, or who advocate change in the government. Finally the law also provides for imprisonment of those responsible for threatening the security of the Kingdom. (15).

Censorship and Website Blocking:

In contrast to most other Gulf States Bahrain is characterized by active political involvement it has a national Assembly (parliament), a Shura Council and numerous Human Rights organizations. Occasionally Bahrain witnesses public protests, marches and demonstrations by citizen.

Internet freedom situation seems to be strange in the kingdom of Bahrain . The government does not impose a general or intensive blocking on pornographic websites whereas it seems to be much tougher when it comes to political sites. In tests done by the open network initiative in Bahrain proved that only eight of 6 000 sites examined were blocked, three were pornographic sites, the others were political and religious (16).

Indeed in a poll by HRinfo during the research preparation, the respondents agree on saying that they face problems in browsing many opposition websites. Some responses mentioned the many Bahraini sites blocked within Bahrain (see below) (17). According to some, blocking of political websites uttering the "truth" was common but pornographic sites were untouched (18). Another message described the blocking as in line with the political interested in the state and against justice for the people (19). Another message elaborated in examining the blocking saying that it was done only to the opposition and human rights sites which concern Bahraini affairs, forums that cover political conditions and those which are recording the authority's violations (20).

Although all the messages in this frame agreed that the blocking was the state's responsibility, some also blamed "Batelco" or the security apparatus for their responsibility in such a situation.

Despite the absence of legislation for controlling website blocking or internet publishing, one can see the obvious responsibility of the Ministry of Information and the security apparatus in many cases of websites blocking. For example, in May 2002 after a small demonstration before the Bahraini company of telecommunication which was; asking for the end of the company's practices of crippling websites (21), and calling for the resignation of the Minister of Information and Telecommunication "Nabil Yaccoub Al -Hummer" (22). The minister acknowledged that some sites were closed but said the authorities had not crippled any except websites including "insults".

In the same year, before the legislative elections boycotted by some political groups, Batelco closed more than ten Bahraini websites, fearing they could be used during the elections period (23). The committee of coordination of some internet sites in Bahrain issued a statement saying the blocking of websites created a scandalous contradiction between the suggested slogans and directions sought by the King and the practical reality of violating basic human rights (24). The statement called for the suing of Batelco and any one who would issue blocking orders and also called for the establishment of a commission of investigation in this case as well as compensation for the owner of the targeted websites (25).

In spite of the constant claims by the authorities that websites blocking requires an judicial notification to be issued to Batelco and that only then the company will ‘take the necessary measures' (26). The laws published on the official site of the company specify that the contract between the company and the user pays special attention to the user's undertaking not to publish, send or receive any message or subject considered as ‘unsuitable' (27) . Of course, the definition of what is ‘unsuitable' flexible enough to include anything the government or company do no like.

However, Batelco's regulations specify that the company will not watch communications though it maintained its right to review the published subjects and to omit any subject at its own discretion (28)(29).

These general and mysterious rules and the non-existence of legislation on the internet allowed the banning of dozens of websites because of the political and religious opinions published on them.

Members of Bahraini Shura Council called for more intensified censorship on the internet, not only pornographic websites but also about websites containing insults and statements which offend the King or any State's leader (30). ‘How can we leave websites that insult the symbol of the State …the Sultan is a symbol of Allah … he who dignifies the sultan dignifies Allah and he who offends the sultan offends Allah, so we have to preserve the dignity of our State and our rulers ‘ (31).

"Bienat" (32) website has been blocked this website belongs to Mr. "Mohammad Hussien Fadel Allah» one of the famous Shiite Muslims clerics, who publishes his discourse and answers to the cases received from his followers (33). The blocking was operated by Belatco in cooperation with the Ministry of Information (34)(35).

On the celebration of the World Press Day the Bahrain Youth Association issued a statement in which it confirmed the continuation of the policy of closing the electronic websites which usually criticize the political regime in Bahrain (36).T he statement included a list of the closed websites which include "The National construction Forum. " Bahrain moltaka" (gathering place), "The National Committee for Torture Victims and Bahrain Martyrs", "Bahrain Forum", "Dores Cultural Forum" (37)e (38) .

Amid this closure campaign against political sites, the report showed the Ministry of Information's ignorance of pornographic websites which call for children's prostitution. It also ignores websites which launched campaigns against human rights activists. On the contrary, it increased the censorship on the political sites that attack the political regime. (39).

The most important Bahraini website is Al Bahrain Moltaka (40) and it has been the object of the most famous chase by the authorities. This started with frequent blocking and ended with detentions. In April 2004 the visitors were surprised not to be able to browse the website inside Bahrain . When an inquiry was put to Betalco about the reason, it responded that it had received an order from the Ministry of Interior to close this website. It refused to provide them with a copy of the judicial order. The time of the closing happened to coincide with a campaign launched by the authorities against four associations of the political opposition which were calling for constitutional reforms in the country. The Labor Minister had threatened to close the four associations (41).

Bahrain 's Moltaka website is the most active among the opposition websites to the extent that New York Times newspaper published a report about it in which it said that all politicians in Bahrain start their day by browsing this website to understand how the opposition is thinking (42). It also mentioned that the easiest means to organize protesting marches in Bahrain was to publish details about it on the famous website. The American newspaper spotted that one of the situations that provoked the authorities more than others was when the website published the full text of the Bahraini opposition activist Abdel Hadi Al-Khawaga in which he attacked the Prime Minister Ali Al-Khalifa in Bahrain . Al-Khawaga was arrested directly after this speech. No Bahraini newspaper published a word of this attack while the Moltaka published it in full, which was used as the reason to close it (43).

As the government plan to close this site and other sites continued, in February 2005 when the Bahraini authorities arrested three officials of the Moltaka website. This matter generated a wave of criticism. Ali Al-Imam,"Mohammad Al-Mosawy" and "Hussein Youssef" were held in custody for 15 days following orders from the General Prosecutor. They were released in 14 March but the case is still pending. (44)

In Mid-2005, the Bahraini authorities took a number of steps to reduce fundamental freedoms. In July, the National Council certified a new decision organizing the activity of the political associations. Under this law these associations must be approved by the Minister of Justice knowing that the Minister of Justice has the possibility to submit a request to the Supreme court asking for the dissolution of these associations .

Furthermore, the Books and Publication Department of the Ministry of Information issued a resolution specifying the necessity of registering internet websites which are inside the Kingdom and those which are outside but which deal with the kingdom's affairs whether art, sport, religion, or politics. This resolution was widely opposed. And there was an implicit agreement among a great number of websites owners to refrain from registering as they saw this resolution as a means to undermine freedom of expression.

The activists and websites owners called for the abolishment of this resolution and the adoption of the Moral Honor Charter drafted by the Bahraini Internet Association. The reasons for not publishing this Charter remain unclear. The charter focuses on moral criteria for publishing on the internet and for a new basis to protect internet's network against morally unacceptable material as much as possible. For its part, the Ministry of Information clarified that this resolution aims at creating a climate suitable for investment and social development.

The resolution came within the Ministry's commitments to ensure freedom of press, edition, and publication guaranteed by the constitution.

Human rights organizations have protest against the resolution of site registration. The organization Reporters Without Borders issued a statement concerning this resolution in which it asserted that this resolution could not be issued in a democratic state as it constitutes a threat to freedom of publication and information (45). Reports within Bahrain showed that that the Ministry of Information continued to obligate websites owners to put the registration number on the websites (like books registration number). But, until now, a lot of websites owners have not complied with this resolution. So far, the authorities have not engaged in any procedure to punish them (46).

Arrest and Detention for Internet Use

Galal Alwy

The Kingdom of Bahrain may be the first Arab country to arrest individuals for using the internet. In March 1997, the authorities arrested Galal Alwy alleging that he had sent information to the Bahrain Liberal Movement. He was held in custody for 18 months (47).

Ali Abdo and others

On 27 February 2005 the Bahraini Authorities issued the order to arrest the 27 year-old general supervisor of "Bahraini Moltaka", Abdo Alamam. As he was not at home when the police came to arrest him, they arrested his sister (48). The order also concerned two activists of the forum, Mohammad Al-Mosawy and Huissen Yousef, both were detained for 15 days by order of the General Prosecutor (49). Abdel Al-Amam confessed his responsibility for Bahrain on line but maintained his right to freedom of expression and his right to spread information, as guaranteed by the constitution (50).

The Information Ministry has filed a suit against "Bahrain Moltak", alleging: It offending the Royal identity, Inciting hostility against the regime and propagated allegations and lies that cause tensions (51).The prisoners went on hunger strike during their detention in Hora Police station in Manama. All three were released on 14 March 2005 but the charges against them were not abandon and they may face a judicial procedure in the future (52).

Internet Cafés

Anyone can notice that in Bahrain internet cafes have spread widely despite the absence of legislations and decisions organizing the work of these cafes. Even though there is a relative freedom to use the internet in Bahrain in comparison to the neighboring countries the authorities have started to place internet cafes under increasing surveillance and their legal status is being discussed within the Bahraini Parliament.

Despite rumors of internet cafés encouraging pornography (53) no control has been imposed over the subjects available to the users in internet cafes. Internet cafés have become a source of attraction for the Gulf tourists (54).Users' names are not registered and there is no supervision or surveillance by the officials within the cafés, moreover, the light inside the cafes is often weak enough so that one cannot identify the person sat next to them. (55).

The current image of internet cafés in Bahrain meant that the Islamic National Block in the Assembly presented its wish to put restrictions on internet cafes (56)to prevent the users from viewing pornographic and morally corrupted websites. Batelco would have to find an easy way for the user to report these ‘corrupted' websites in order to close them quickly. Suggestions also asked for the removal of closed booths in cafes in order to prevent too much privacy, for a prohibition on young children visiting internet cafés and to fix a minimal age for the visitors. Finally for the display of the rules and restrictions in a clear and dominant place within the cafés. (57)

After deliberations the Public Utilities and Environment Committee of the Representatives Assembly recommended putting restrictions on internet cafes, intensifying the surveillance campaigns, withdrawing licenses of some cafés that would be in breach of these restrictions (58). They also recommended the removal of all booths and curtains inside the cafés, the separation of males and females and that children under the age of 18 should not be allowed to enter the cafés.

The Representatives Assembly only issued recommendations. However, 2006 saw an increase of cases against internet cafes users in Bahrain when inspectors working for the Inspection Centers in the Ministries of Industry, Commerce and Publications and Prints launched a series of raids in cafés in order to ensure the compliance of the Internet cafés with the restrictions mentioned above (59)(60).