Threats and blackmail are crimes that attack a person's freedom and dignity — and Kuwaiti law punishes them severely whether committed face to face or through electronic communications.
Cyber-blackmail: has increased dramatically with the spread of social media — the Cybercrime Law 63/2015 has toughened penalties for those who use technology for threats and blackmail.
Contents
1) Definition and Elements
- Threat: informing a person that harm will befall them or their family if they do not comply with a demand, or even without a demand.
- Blackmail: threatening a person with exposure of a matter or publication of photos or information in order to obtain money, a benefit, or to compel an act or omission.
- Actus reus: the issuance of the threat by any means (oral, written, message, electronic).
- Mens rea: criminal intent — knowledge that the act is a threat and intention to frighten the victim.
No execution required: the threat is a completed crime the moment it reaches the victim's knowledge — even if the threatener never carries it out.
2) Types of Threats
By severity
- Death or bodily harm: the most severely punished.
- Property destruction: arson or property damage.
- Exposure: publishing secrets or private photos.
- Reputational harm: damaging a person's or family's reputation.
By method
- Oral: face to face or by telephone.
- Written: letters or notes.
- Electronic: WhatsApp, Instagram, email.
- Through an intermediary: sending the threat via a third person.
3) Blackmail
Blackmail is an aggravated form of threat — distinguished by a demand accompanying the threat:
- Financial blackmail: demanding money in return for not exposing the victim.
- Sexual blackmail: coercing the victim into a relationship or providing images.
- Blackmail to act: forcing the victim to sign documents or give statements.
- Blackmail to refrain: forcing the victim not to file a complaint or testify.
Do not pay: complying with the blackmailer's demands does not end the problem — it encourages bigger demands. Report to the authorities immediately.
4) Cyber-Blackmail
Law 63/2015 on Combating Information-Technology Crimes addresses this offence:
- Methods: WhatsApp messages, threats to publish photos on Instagram or Twitter, extortionate emails.
- Aggravated penalty: use of technology is an aggravating circumstance that increases the sentence.
- Evidence: screenshots of messages and call logs are admissible evidence.
- Tracing: security agencies can trace the blackmailer even if they use fake accounts.
Do not delete evidence: do not delete messages or conversations — they are your primary evidence. See cybercrimes.
5) Penalties
- Death threats: an aggravated penalty that may reach several years' imprisonment.
- Threats of harm: imprisonment and fine.
- Blackmail: a heavier penalty than simple threats — up to five years.
- Cyber-blackmail: Cybercrime Law penalties are added to Penal Code penalties.
- Aggravation: the penalty is aggravated if the victim is a minor or if the threat is carried out.
Civil compensation: in addition to the criminal penalty, the victim may claim civil compensation for psychological and material damage. See compensation and civil claims.
6) Victim's Rights
- Protection: the right to seek a protection order from the court barring the threatener from approaching.
- Confidentiality: protection of the victim's identity in sensitive cases.
- Psychological support: the right to receive psychological and social support.
- Compensation: a claim for all material and moral damage.
- Protection from retaliation: legal safeguards against the accused's retaliation after the report.
7) Legal Procedure
- Documentation: save all threat messages, screenshots and recordings.
- Report: file a report at the police station or the Cybercrime Department.
- Investigation: the prosecution investigates and gathers evidence.
- Protection order: seek an urgent protection order if the risk persists.
- Trial: the accused is referred to the criminal court.
- Civil claim: a compensation claim before the civil court.
False report: filing a false threat report exposes the filer to the penalty for false reporting. See false reporting.
8) Practical Guidance
If you are threatened or blackmailed
- Do not comply with the blackmailer's demands — and do not pay anything.
- Do not delete any messages or evidence.
- Report to the police or Cybercrime Department immediately.
- Consult a lawyer to obtain a protection order.
For prevention
- Do not share private photos or information with untrusted persons.
- Enable privacy settings on your social-media accounts.
- Do not engage with suspicious messages from strangers.
- Teach your children the risks of sharing personal information.
Being threatened or blackmailed and need legal protection? Contact Attorney Meshari Obaid Al-Enezi — Yumnaak Law Firm.
