Empowering Bahrain’s Digital and Entertainment Landscape
Sports and Event Management Focus
As a thriving hub for technology in the Middle East, Bahrain seeks to enhance its entertainment industry and evolve its digital landscape, it is crucial to evaluate reforming the current entertainment laws.
Law Update: Issue 362 - Sports and Event Management
Hussain OsmanAssociate,Intellectual Property
Shouq Al Majali Trainee Solicitor,Dispute Resolution
In recent years, the Middle East has witnessed a paradigm shift in its perception of entertainment. Countries are recognising that a vibrant entertainment industry has transformative power to contribute to economic diversification and cultural development. The Kingdom of Bahrain (“Bahrain”) has a rich history of being at the forefront of entertainment in the GCC. As a thriving hub for technology in the Middle East, Bahrain seeks to enhance its entertainment industry and evolve its digital landscape, it is crucial to evaluate reforming the current entertainment laws. By embracing change, Bahrain can unlock the full potential of its innovation and foster social development, further solidifying its position as a leading entertainment hub in the GCC.
Bahrain was one of the first GCC countries to actively promote creative initiatives and cultural development. Serving as an initial training ground for future entertainers, Bahrain Arts Society is also one of the longest running organisations of its kind in the region. The Kingdom’s musical roots can be traced back to the country’s pearl-diving and sea-faring heritage, when the rhythmic fidjeri genre developed. In recent attempts to incorporate modern infrastructure to cater to the arts and culture scene, two key venues were introduced to exert the Kingdom’s cultural scene : Al Dana Amphitheatre in 2021, and the establishment of Exhibition World more recently in late 2022. The creative investment drive is aimed at supporting the Kingdom’s economy, with officials believing creative tourism to serve a boon to future growth. Both structures have become key players in the regions entertainment industries, and in effect, led two prominent media productions to herald an era of television series (Beban in 2022 and Qodwa in 2023).
In addition to the above, Tamkeen (The Labour Fund of Bahrain) has also introduced a creative industries grant program. Creatives are henceforth incentivised to pursue opportunities to commercialize their products and evolve to international markets. The Kingdom’s interest in supporting innovative industries stems from its increasing global significance, as it showcases national talents. Bahrain’s initiatives will be further enriched by the introduction of a modern regulatory framework. Such legal advancements will further foster creativity by aiding successful investment opportunities both locally and globally.
Bahrain’s current legal framework relating to entertainment and content includes a culmination of different codified legislations. The culmination of legal instruments also means that different governing bodies in Bahrain shall be involved in regulating compliance. The Telecommunications Law grants the Telecommunications Regulatory Authority the power to regulate and monitor telecommunications services, including internet service providers. This authority allows the TRA to block websites and filter content deemed illegal or offensive according to Bahraini law. Similarly, the National Cyber Security Center regulates and monitors content to ensure content compliance in so far as the dissemination of certain content contravenes local customs and norms.
The Press and Publications Law requires newspapers and periodicals to obtain licenses from the Information Affairs Authority (IAA) before publishing. The law prohibits the publication of materials that may be deemed harmful to public order, religious values, or national security. The IAA has the authority to censor or ban material that violates these restrictions. It can also affect the entertainment sector by impacting the content creation industry through licensing requirements and censoring.
Bahrain's Penal Code is also relevant when considering the regulations pertaining to the creative sector. While it covers a wide range of issues beyond the entertainment sector, certain provisions may be relevant to content creators and the industry as a whole. It includes provisions related to speech and expression. It criminalizes acts that may be considered offensive to public morals, incitement to hatred, and the dissemination of false information that may harm public security. The Penal Code includes provisions related to defamation, which can impact content creators who publish or share content that could harm the reputation of individuals or entities. Further, content creators should be cautious about producing or disseminating content that could be considered hate speech or incitement.
Whilst the above provide a holistic protection to the industry, the lack of codification discourages creativity due to the lack of awareness to the regulations. In order to aid the growth of content creating industry in Bahrain, awareness must be raised as to how to legally navigate the digital landscape to foster a safe creative environment. Raising awareness in the form of informative presentations can assist creatives to localise their content and be able to safely explore and participate in digital platforms to enrich their creativity.
The entertainments sector is a key springboard for innovation aiding sustainability of economic growth. Further, the entertainment sector works by galvanising creativity within a cultural framework. To foster such environment, best practice adopted in entertainment driven economies involve the adoption of specialised regulations to safeguard both the community and the creatives. Bringing Bahrain's online content regulations in line with the entertainment infrastructural advancements is a vital step towards fostering a secure, vibrant, and inclusive digital landscape. By addressing emerging challenges, such as national security threats, false information, and hate speech, Bahrain can demonstrate its commitment to the welfare of its citizens, social cohesion, and economic growth and secure its position as a regional leader in the digital and entertainment realm.
Hence, introducing a codified system whereby the entertainment sector is governed by one main piece of legislation and a designated regulator will enrich Bahrain’s content and creative sector by becoming a good matrix to welcome in new talents. However, given the complexity of the sector and the different stakeholders involved, creating one entertainment governing legislation might pose some risks of simplicity. As such, a first step would be to create an entertainment authority as established in the Kingdom of Saudi Arabia in 2016. Whilst this would not involve the codification of entertainment relevant legislation, instead, it would introduce a codified system in which all entertainment related matters are under one umbrella authority. The authority would also have a website to raise awareness and make information accessible to new talents. The website could include a section of all the legislative frameworks relevant to the creative sector as well as advice on acclimating content to local considerations. Whilst the above would not involve a complete overhaul of the sector, it does provide greater clarity to the entertainment stakeholders and allows the Kingdom to create a clear vision for the future of entertainment in Bahrain.
From a technical standpoint, and in view of the deployment of various tech-enabled devices and tools in projecting entertainment, Bahrain TRA General Director, Philip Marnick said at the unveiling of Bahrain’s IoT Position Paper: “We all today already use many IoT devices in our homes and offices. But IoT is set to rapidly increase enabling large numbers of previously unconnected devices to communicate and share data with each other and between different business sectors. It has the potential to bring significant benefits to the Kingdom. However, there are still many challenges that need to be addressed. The TRA’s position paper provides guidance to licensees and stakeholders to ensure they can take full advantage of new IOT developments in a safe and secure way. The TRA has also ensured that our regulatory framework continues to enable the Kingdom to take full advantages on new developments in technology – helping to ensure we a the place innovation can flourish.”
Notwithstanding the general positives of having an active entertainment sector, the same would also contribute to a favourable climate for foreign investment. Investing in an entertainment driven economy shall lead to the creation and maintaining of enhanced digital infrastructure. Foreign investors seek countries with advanced digital ecosystems that support modern businesses. With a codified system, Bahrain can guarantee a secure and stable online environment and investors would be confident to expand their businesses. Creating a codified system and publicising Bahrain’s entertainment vision shall provide clarity and transparency on content standards and compliance requirements thereby allowing stakeholders to understand the rules required to conduct online activities in the country.
By demonstrating a commitment to entertainment and the digital infrastructure, Bahrain can position itself as an attractive destination to modern stakeholders and strengthen its creative potential.
For further information,please contact Hussain Osman and Shouq Al Majali.
Published in October 2023
