Abdul Rahman Al-Mutairi, the Minister of Information and Minister of Endowments and Islamic Affairs, affirmed during a panel discussion titled “The Media Regulatory Law… Everyone’s Responsibility” concerning the draft media regulation law, that “we will consider every idea presented until we achieve a media system befitting Kuwait.” He emphasized that the history of our media is emblematic and is often referenced like Lebanon.

In a gathering attended by media professionals, editors-in-chief of local newspapers, and individuals invested in various media sectors, Al-Mutairi stated, “This panel discussion embodies and interprets the noble message of His Highness, relayed by His Highness the Crown Prince, emphasizing that the media belongs to the people.” He pointed out that “the media strategy is a partnership between specialists and the public, with the primary players in the media field being active contributors,” reports Al-Rai daily.

He elaborated, “The process of drafting the law went through three stages. The initial stage involved gathering opinions, experiences, and challenges to address them in the first draft, and then present them to the relevant authorities.

Subsequently, we moved to the second stage, where we aimed to create a law that aligns with the needs of the media sectors, culminating in the media regulation law, which is the stage we are at today.”

Al-Mutairi emphasized, “Currently, we have three existing laws, and today we are comparing these laws with the media regulation law. We’re examining the underlying standards of the existing laws, focusing on media regulation and freedom, and considering past experiences.”

He further stated, “It’s vital for us to understand the experiences related to the three existing laws at the Ministry of Information, and based on these experiences, we prepared the draft law. The draft comprises 9 chapters and 104 articles, with a two-week period for the public to provide feedback and comments on the ministry’s website.”

Al-Mutairi shed light on the prohibitions and punishments, saying, “Regarding the prohibitions, the first article pertains to insulting the divine essence. The current punishment, present in the existing laws, imposes imprisonment not exceeding one year on the editor-in-chief and the writer. This same provision is retained in the draft, and the punishment remains unchanged without invoking any other, more severe law.”

He continued, “The proposed punishment in the draft for violation of this prohibition is a period of imprisonment not exceeding one year and a fine of not less than 10 thousand dinars, directly on the violator, without implicating the editor-in-chief. Additionally, the license will be suspended, but not canceled.”

He further elaborated, “The second prohibition concerns ‘criticizing the person of His Highness the Emir of the country,’ which is present in all three existing laws. However, the draft abolishes the punishment for the editor-in-chief, imposing a penalty of imprisonment not exceeding one year and a fine ranging from 5,000 to 20,000 dinars on the violator.”

Al-Mutairi highlighted, “The third prohibition is incitement to overthrow the ruling system in the country. The text remains unchanged, and the proposed punishment is ‘Anyone violating this prohibition shall be punished with imprisonment not exceeding one year and a fine not less than 5,000 dollars.’ This penalty applies to the violator and does not impact the media outlet.”

Regarding other prohibitions, Al-Mutairi pointed out, “Concerning ‘incitement to outrage public modesty or incitement to commit acts of debauchery and debauchery,’ an initiative by the Ministry of Information, the new penalty is ‘punishment with a fine of not less than 3,000 dinars,’ applicable directly to the violator.”

He went on to say, “Addressing ‘harming people’s dignity, their lives, or their religious beliefs,’ the draft refines the language to ‘harming people’s dignity, their lives, or their religious beliefs.’ The penalty is ‘a fine of not less than 3,000 dinars,’ directly on the violator.”

Al-Mutairi noted, “Regarding ‘harming relations between Kuwait and friendly countries,’ characterized by hostility, the violator will be punished with ‘a fine of not less than 3,000 dinars,’ falling directly on the violator.”

He stated, “Regarding news about official secret communications and revealing confidential information, the new provision stipulates: ‘publishing or broadcasting, through any means specified by the law and the constitution as confidential, or not publishing it, will result in a fine of not less than 3,000 dinars,’ directly on the violator.”

Al-Mutairi pointed out that Article 92 outlines the penalties for carrying out the activity without a license, while Article 93 addresses the responsibility of the person in charge of the licensed company regarding the legality of the institution’s funds and enabling the accountant to conduct audits.

He highlighted, “The draft particularly addresses the creation and regulation of commercial advertisements through social media, media coverage of elections, and amending texts related to the ministry’s authority, ensuring transparency in the licensing process. The draft also emphasizes accountability and regulation of penalties, aiming to improve the media landscape.”

Al-Mutairi added, “The draft law focuses on limiting penalties to the perpetrator of the violation, streamlining administrative processes, and adapting to the digital era by accepting electronic copies instead of paper copies for publications. Moreover, it eliminates the requirement for a physical headquarters for practicing the activity of electronic newspapers, opting for notification through a specific address.”

In response to a question about the fate of current licenses for electronic media, Minister Al-Mutairi stated, “The law provides a 6-month period to amend licenses after their approval in the Official Gazette.”

Walid Al-Jassem, the editor-in-chief of Al-Rai newspaper, expressed his appreciation for abolishing imprisonment from the media law, emphasizing the importance of clear and flexible texts. He hoped that the law would stipulate that individuals should not be tried under any other law than this one. He also advocated that media professionals should only be summoned through the Journalists Association.

Al-Mutairi responded saying, “We value your concerns, and we’re committed to a thorough review of the texts. If there are amendments needed to clarify the provisions further, we welcome them. The private law should complement the public law, and penalties should be based on specific prohibitions. The draft primarily penalizes the perpetrator of the violation.”


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