No Shield in “Free Speech”: Kuwait’s Cassation Court Rejects False-News Defense

Kuwait’s Court of Cassation has drawn a firm line between criticism and what it called the deliberate publication of false news and malicious rumors. In grounds for convictions involving former members of parliament and other defendants, the court said personal accounts on X could provide information with wide and immediate reach inside and outside Kuwait.

The ruling concerned posts that attributed allegations to Ministry of Interior authorities, including claims about constitutional violations and Kuwaiti citizens being prevented from returning to the country. The court concluded that the publications created an untrue picture of conditions inside Kuwait and could damage the state’s reputation, prestige and national interests.

The court rejected the defendants’ argument that the posts amounted to permissible criticism. It said criticism involves expressing an opinion about a matter or action, but does not extend to knowingly spreading false information or malicious rumors. Once that boundary is crossed and criminal intent is established, the court said punishment is warranted under Article 15 of Law No. 31 of 1971.

Judges also said the publications must be assessed in the circumstances surrounding the incidents. The court considered whether the posts were intended to spread rumors and chaos, destabilize the country, obstruct security procedures or duties, and harm national interests.

The court did not impose prison terms on Adil Al-Damkhi, Muhammad Al-Dosari, Muhammad Jawhar Hayat, Khalid Al-Mans, Hamad Al-Mudlij, Osama Al-Zaid, Muhammad Haif, Shuaib Shabaan, Fallah Al-Hajri, Saud Al-Asfour, Muhammad Al-Raqib and Bader Al-Dahoum. Each was ordered to provide a KD 1,000 financial guarantee and undertake to maintain good conduct for two years. Muslim Al-Barrak and Salem Al-Namlan were sentenced to three years in prison because the court identified them as repeat offenders with previous final convictions.