BAHRAIN TIGHTENS THE REINS: NEW AMENDMENTS TO CONSUMER PROTECTION LAW TACKLE TELEMARKETING ABUSE

26 January 2025

Bini Saroj

Bahrain's Shura Council has unanimously approved significant amendments to the Consumer Protection Law of 2012, with the primary goal of curbing intrusive telemarketing and advertising practices. These changes will ensure that telemarketers and advertisers respect consumers' personal time and privacy by prohibiting unsolicited communications that disrupt people's daily lives.

Manama: The newly proposed amendments, led by Leena Qassim, chairwoman of the woman and child committee, emphasize the importance of protecting consumers from unwarranted disturbances, particularly in the form of phone calls, text messages, and other forms of direct marketing. This initiative comes in response to a growing public outcry over the increasing number of unsolicited marketing communications, which many consumers find disruptive and unwelcome.

With the amendments now approved by the Shura Council, they will be formalized into a draft piece of legislation that will be reviewed by the National Assembly for further scrutiny. If passed, these changes will provide Bahrain with more robust tools to protect consumers from intrusive marketing practices while ensuring that businesses are held accountable for respecting consumers' rights to privacy and time.

I.  Key Provisions of the Amendments

Prohibition of Intrusive Telemarketing: The amendments oblige telemarketers and advertisers to ensure that their communications do not intrude on consumers’ personal time or create unwelcome disturbances. This includes restrictions on the timing and frequency of telemarketing calls and messages.

Judicial Oversight and Enforcement: The Minister of Commerce or their designated representatives are authorized to appoint judicial police officers. These officers have the power to conduct inspections, oversee commercial activities, and take legal action against violators.

Severe Penalties for Violations: Offenders face penalties similar to those prescribed for fraud under the Penal Code, including the closure of their business and potential deportation. Final rulings against violators will be published on the Ministry of Commerce’s website to ensure transparency and deter future infractions.

Preventing Obstruction of Authorities: The law includes provisions to prevent any obstruction of the authorities' duties. This encompasses withholding necessary information, providing false or misleading data, and hindering official investigations by withholding necessary documents.

Addressing International Telemarketers:

The amendments also seek to address the challenges posed by international telemarketers. The Ministry of Transportation and Telecommunications has issued rules for bulk commercial messages, whether as advertisements or offering services or goods.

II. Implications for Consumers and Businesses

·        Enhanced Consumer Protection: The amendments are designed to protect consumers from intrusive and unwelcome telemarketing practices. By regulating the timing and frequency of telemarketing communications, the law aims to ensure that consumers' personal time and privacy are respected.

·        Fair Business Practices: The new regulations promote fair business practices by ensuring that telemarketing is conducted sensibly and without harassment. This helps maintain a balance between consumer rights and business needs.

Challenges in Enforcement:

While the amendments are well-intentioned, enforcing them may prove challenging, especially with international telemarketers. The Ministry of Commerce and the Telecommunications Regulatory Authority will need to work together to effectively monitor and regulate telemarketing activities.

In Conclusion

Bahrain's approval of amendments to the Consumer Protection Law marks a significant step towards regulating telemarketing practices and protecting consumer rights. By imposing strict regulations and penalties, the law aims to create a fair and transparent business environment. However, effective enforcement will be crucial to achieving the desired outcomes and ensuring that consumers are protected from intrusive marketing practices.  

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