Kuwait Court of Cassation principle number 1308

Freedom of thought and expression of opinion and the right to criticise. A constitutional principle. The exception is the prohibition of publication. Its effect is confined to the limits within which it is stated. These include the prohibition in Article 21/2 of Law No. 3 of 2006 concerning Printing and Publishing on publishing anything deemed to impugn the integrity and impartiality of the judiciary. Assessment thereof. A matter of fact. The limit thereof. - Criminal intent in the offence of impugning the integrity of the judiciary. It exists if the material, statement, or news published in newspapers or other printed matter includes content affecting the integrity or impartiality of the judiciary. Its effect: knowledge on the part of the writer and publisher suffices. The law does not require specific intent, as general intent suffices. Its inference. A matter of fact. Express and separate discussion of it in the judgment. Not necessary. The condition thereof. Where general intent exists, there is no scope for discussing permissible publication or criticism. Its effect. An example. - 356 - Criminal - Liability of the editor-in-chief and publisher (presumed):-