Kuwait Court of Cassation principle number 3703

Permissible publication. Its nature. That which does not offend public morals or infringe persons’ dignity or their personal freedoms guaranteed by the Constitution and the law. Exceeding this limit. Effect. Holding the person responsible accountable as having committed the offence of abuse and defamation or insult, and also holding him liable for the resulting damage. - Offensive publication. Fault giving rise to tort liability. Its inference. Within the authority of the court of merits. Condition thereof. Example. - Inference of fault giving rise to liability for compensation and ascertaining the true nature of words of abuse, defamation, or - 682 - Obligation insult. Its criterion. What satisfies the court of merits. Condition thereof. That it not err in applying the law to the facts and that it base its judgment on reasonable grounds. Contravention thereof. A violation of law requiring cassation of the judgment.