Bullying can deeply harm a child at school or online, and adults can face it at work too. Parents often ask whether Kuwait has a bullying law. The accurate answer is that Kuwait has not enacted a standalone anti-bullying statute. That does not leave victims unprotected: many forms of bullying fall under existing provisions of the Penal Code, the Cybercrime Law and the Child Rights Law, as well as the general rules of civil liability. This article explains how liability arises and what practical steps you can take.
When Does Bullying Become a Crime Under the Penal Code?
"Bullying" is not itself a legal category; each incident is assessed by the act committed. Common forms that may constitute offences under the Kuwaiti Penal Code include:
- Assault: hitting, pushing or causing injury, with seriousness depending on the harm shown in medical reports.
- Threats: threatening harm to a person, their property or reputation, even if never carried out.
- Insult and defamation: attributing disgraceful matters to the victim or offending their honour with degrading language.
- Coercion and extortion: forcing a child to hand over money or do something through intimidation.
Penalties vary by offence and circumstances, so it is wise to have a lawyer assess the correct legal characterisation before filing a complaint.
Cyberbullying and Cybercrime Law No. 63 of 2015
Much bullying now happens online: abusive messages, sharing photos without consent, mocking accounts and threats through messaging apps. Law No. 63 of 2015 on Combating Information Technology Crimes addresses many of these acts, including threats or extortion using information networks, insult, defamation and invasion of privacy by electronic means, and unlawful access to accounts or misuse of private data and images. Online publication widens the harm, which may be relevant when assessing both penalty and compensation.
Child Protection and the Juvenile Law
Child Rights Law No. 21 of 2015 guarantees a child's right to protection from all forms of physical and psychological violence, abuse and neglect, and establishes child protection mechanisms that receive reports and follow up on cases.
Where the bully is a minor, Juvenile Law No. 111 of 2015 applies. It focuses on reform rather than punishment: the case goes before the juvenile prosecution and court, and measures vary with the juvenile's age and the gravity of the act, such as release to a guardian with an undertaking, judicial probation, or placement in a specialised institution. None of this removes the victim's right to claim civil compensation.
Civil Liability of Parents and Schools
Under the general rules of the Kuwaiti Civil Code, anyone whose fault causes harm to another must compensate it. In bullying cases this may extend to:
- Parents and guardians: a person responsible for supervising a minor may be liable for harm the minor causes, unless they prove they fulfilled their duty of supervision or that the harm would have occurred regardless.
- Schools: during the school day the child is in the school's care. If a public or private school fails in supervision or ignores repeated complaints, it may be held civilly liable.
Compensation can cover material loss, such as treatment costs or transferring schools, and moral damage, such as psychological suffering. Separately, schools have disciplinary powers under Ministry of Education regulations, ranging from warnings and summoning parents to stricter measures depending on severity and repetition.
Workplace Bullying
Private Sector Labor Law No. 6 of 2010 does not define bullying, but an employee subjected to insults, assault or persistent harassment can rely on the employer's general obligations, on their rights when the relationship ends due to the employer's breach, and on a complaint to the Public Authority for Manpower, in addition to criminal proceedings where the conduct amounts to an offence. In public employment, administrative grievances and disciplinary accountability under the civil service system are available.
A Step-by-Step Guide for Parents
- Listen calmly and reassure your child it is not their fault; note dates and names.
- Document everything: screenshots showing dates, account names and links; witness names; medical or psychological reports.
- Complain to the school in writing and keep copies of all correspondence.
- Report to the authorities: the police station for assault and threats, the Ministry of Interior's cybercrime department for online bullying, and child protection bodies where the child is at risk.
- Do not delete abusive content before documenting it, and avoid responding in ways that could be used against you.
- Seek psychological support for your child; specialist reports also support compensation claims.
- Consult a lawyer to choose the right route: criminal, civil or both.
Conclusion
The absence of a dedicated bullying law in Kuwait does not put bullies, or those who failed to supervise them, beyond accountability. Existing legislation offers effective tools for protection and compensation when incidents are properly documented and the right route is chosen. This article is general information and not legal advice.
If your child or you have been bullied, the team at Yumnaak Law Firm will be glad to review your situation and guide you on the best steps to protect your rights.
