Electronic Media Law in Kuwait — Regulations & Liabilities

Scope of the Electronic Media Law

• News websites: Sites that regularly publish media content
• Online newspapers: Digital press publications
• Blogs and accounts: Social media accounts with a media character
• Mobile applications: Apps that deliver media content

Licensing and Registration

Website Manager Obligations

• Designated manager: Appointing a content-responsible manager who is a Kuwaiti of full legal capacity
• Record keeping: Retaining copies of published content for at least one year
• Subscriber data: Maintaining records of subscribers and commenters
• Cooperation: Cooperating with competent authorities upon request
• IP rights: Respecting intellectual property rights in published content

Prohibited Online Publications

• Content offending the Divine Essence, the Quran, or the Prophets
• Content offending or insulting the person of the Emir
• Incitement to overthrow the system of government
• Content stirring sectarian or tribal strife
• Confidential information relating to investigations and trials
• Content contrary to public morals
• Invasion of individuals' privacy without consent
• False news harmful to the public interest

Criminal Liability

• Direct publisher: The person who publishes the offending content bears full liability
• Responsible manager: Liable for all content published on the site in a supervisory capacity
• Site owner: Civilly liable if proven negligent in oversight
• Re-publisher: Anyone who re-publishes offending content bears the same liability as the original publisher

Penalties

• Fines: From KD 500 to KD 200,000 depending on offense severity
• Site blocking: Temporary or permanent website blocking
• License revocation: Withdrawal of the site's license
• Imprisonment: For serious offenses such as incitement or lèse-majesté
• Equipment seizure: In specific cases

Right of Reply and Correction

• The site must publish the reply within three days of receiving it
• The reply must be published in the same manner and size as the original content
• The site may not comment on the reply in the same edition or page
• The aggrieved party may resort to the judiciary if the site refuses to publish the reply

Relationship with Other Laws

Frequently Asked Questions

Does my Instagram account need a license?

If the account regularly provides media content to the Kuwaiti public, notification to the Ministry of Information may be required. Purely personal accounts are not subject to the law.

Is someone who retweets an offending tweet liable?

Yes, the law equates the original publisher and the re-publisher in terms of liability, so re-publishing offending content exposes the person to the same penalty.

What is the difference between the electronic media law and the cybercrimes law?

The electronic media law regulates digital media activity (licensing and content), while the cybercrimes law punishes specific offenses related to technology use (hacking, online fraud, etc.).