Article 77 of Kuwait’s New Media Law protects journalists acting in good faith
Article 77 of Kuwait’s new Media Law provides an important legal safeguard for journalists and media professionals, stipulating that they will not face criminal liability for material they publish or broadcast in the course of their licensed work, provided they act in good faith and comply with professional standards.
The provision applies when media professionals seek accuracy and objectivity, exercise due care to verify information and genuinely believe the information to be accurate at the time of publication or broadcast. The provision does not extend to abuse of the right to publish, defamation or the deliberate dissemination of false information.
According to the explanatory memorandum accompanying the law, Article 77 represents an important application of the general legal principle governing the exercise of an established right. It goes beyond simply removing punishment by establishing that an act carried out within the lawful exercise of that right does not constitute an unlawful act.
The memorandum explains that licensed media professionals are exercising a right guaranteed by the Constitution and regulated by law. Their protection is therefore linked to remaining within the limits of their professional license and complying with the requirements of good faith, accuracy, objectivity and due diligence.
Criminal penalties limited to fines
The new law establishes a graduated system of violations and penalties. Criminal penalties under Chapter 13 are limited to financial fines rather than imprisonment. The violations covered include practicing media or advertising activities without a license, conducting competitions or offering gifts without the required authorization, failing to disclose advertising content, publishing misleading information to consumers, receiving funding intended to influence public opinion without a license, and possessing broadcasting equipment without approval, among other offenses specified by the law.
The law also establishes administrative penalties ranging from warnings and reprimands to financial penalties and administrative closure. In cases involving unlicensed establishments, authorities may ultimately order permanent closure and seize relevant equipment and devices, while protecting the rights of third parties acting in good faith. Administrative decisions remain subject to appeal and judicial review before the Administrative Court.
The law gives the competent court authority, depending on the circumstances of a case, to confiscate devices or funds obtained through violations, order the removal of content, block websites or accounts, revoke licenses or close establishments. The court may also prohibit a convicted person from appearing publicly, publishing material or managing media accounts for a period of up to one year. For legal entities, the law provides for fines to be doubled, while penalties may be increased in cases of repeat violations.
Public Prosecution given exclusive investigative authority
Article 73 stipulates that the Public Prosecution has exclusive jurisdiction to investigate, take action and prosecute crimes established under the Media Law. Article 74 assigns the Criminal Division of the Court of First Instance jurisdiction over criminal cases arising under the law, with judgments subject to appeal before the Court of Appeal.
The new law also affirms the right of media institutions to obtain information and data from government agencies in accordance with applicable laws and regulations. This right is subject to safeguards relating to confidentiality, national security, privacy and the confidentiality of ongoing investigations.
The Ministry of Information is also tasked with supporting the media sector through training and qualification programs, encouraging innovation and research, and promoting awareness of professional and ethical responsibilities. The opening chapters of the law define key concepts governing its application, including electronic commercial media and advertising services.
Electronic advertising services are defined as activities providing promotional services to others. The law does not generally classify the promotion of a person’s own business, products or services through their own electronic channels as advertising activity requiring the same treatment.
However, this exception does not apply where a website, application or account is wholly or partly dedicated to regular advertising activity beyond what is necessary to introduce an establishment or promote its products or services for sale.
New rules for newspapers and publications
Chapter Four, covering Articles 18 to 23, regulates newspapers and publications and establishes requirements for journalistic, printing, publishing, distribution and translation activities. Publishing newspapers requires a license, while the law sets requirements for editors-in-chief and their deputies, including Kuwaiti nationality, a minimum age of 21, full legal capacity, good conduct and either a university degree or at least five years of regular professional experience, together with actual supervision of the newspaper.
The law also establishes procedures governing printed materials, including notification, authorization and deposit requirements. Non-periodical books and publications require prior authorization, with applications to be decided within 30 days. Applicants retain the right to appeal and challenge rejected applications.
Printed materials must also carry the required identifying information, while two copies must be deposited with the Ministry of Information and the Kuwait National Library before circulation. The law additionally regulates publications imported from abroad and the printing of foreign newspapers inside Kuwait.
Audiovisual broadcasting subject to licensing
Chapter Five, covering Articles 24 to 27, regulates audiovisual media and broadcasting activities. Each television or broadcasting channel must obtain a separate license and coordinate with the Communications and Information Technology Regulatory Authority regarding satellite capacity and frequencies.
Each licensed channel must also appoint a general manager who serves as its legal representative and assumes responsibility for its content. Licensed rebroadcasting companies may publish or broadcast news and reports from correspondents of foreign channels and news agencies operating in Kuwait after obtaining the required license from the Ministry of Information. The acquisition and import of broadcasting equipment are also subject to prior approval from the Ministry of Information and CITRA.
Chapter Six, comprising Articles 28 and 29, addresses technical services related to broadcasting and rebroadcasting. Chapter Nine, covering Articles 38 to 41, regulates the activities of Arab and foreign news agencies, newspapers, television channels and their correspondents operating in Kuwait.
Foreign media organizations must obtain licenses to establish offices and accredit correspondents and representatives. Applications are to be decided within 60 days, while the license is valid for two years and may be renewed. Foreign media organizations and their employees are required to comply with the media content standards applicable to national media.
Depending on the seriousness and frequency of a violation, the Ministry of Information may issue warnings to representatives, reporters or persons responsible for the media outlet, or revoke the license and close the office. Such decisions remain subject to appeal and judicial review.
The law allows intervention based on the seriousness and frequency of violations where continued publication or broadcasting from within Kuwait could result in harm that cannot be adequately addressed by waiting for a final judicial ruling.
