Article 39 of the Saudi Basic Law of Governance

المادة 39 من النظام الأساسي للحكم · الباب الخامس: الحقوق والواجبات

The Article requires the media, publishing and all means of expression to use good words and comply with the State's laws, and prohibits what leads to sedition or division or harms State security or human dignity.

Official text (Arabic)

This article has not been amended since the law was issued.

تلتزم وسائل الإعلام والنشر وجميع وسائل التعبير بالكلمة الطيبة، وبأنظمة الدولة، وتسهم في تثقيف الأمة ودعم وحدتها، ويحظر ما يؤدي إلى الفتنة، أو الانقسام، أو يمس بأمن الدولة وعلاقاتها العامة، أو يسيء إلى كرامة الإنسان وحقوقه، وتبين الأنظمة كيفية ذلك.

This is the official Arabic wording, the only legally binding version. We do not translate the law itself; the explanation below is ours. Official source: Bureau of Experts at the Council of Ministers

Article 39 explained in plain English

This Article sets the general framework for the work of the media, publishing and all means of expression; it is not limited to newspapers and channels but covers every means of expression. It contains:

Obligations: these means must use good words and comply with the State's laws, and must contribute to educating the nation and supporting its unity.
Prohibitions: what leads to the following is prohibited:
- Sedition or division;
- Harming State security and its public relations;
- Harming human dignity and rights.
Referral: the laws set out how this is done, meaning that the details of application, violations and penalties are not in this Article.

Note that the last prohibition protects individuals themselves, since it prevents what harms human dignity and rights, alongside protecting the State and society.

The Article is linked to Article 40, which provides that telegraphic and postal correspondence, telephone conversations and other means of communication are protected and may not be viewed or listened to except in the cases set out by the law; Article 39 deals with public expression and publishing, while Article 40 deals with private communications.

Anyone who has been subjected to published abuse, or faces an accusation relating to publishing, would be well advised to consult a lawyer who specializes in criminal cases or cybercrimes.

Practical example

Noura runs an account on a social media platform. Under Article 39, her posts are a means of expression, so she is bound by the State's laws, and what leads to sedition or harms human dignity and rights is prohibited. The details of violations are set out by the laws.

Translated from our Arabic explanation with machine assistance. For guidance only; it does not replace advice from a lawyer on your situation.

How we write and review content

A question about Article 39 of Basic Law of Governance?

Describe what happened and specialist lawyers answer. You can write in English.