Kuwait Court of Cassation principle number 3708

The rule is freedom of thought and opinion, including the right of criticism. The exception is prohibition of publication. Its condition. Infringement of one of the values. That which occurs through publication and harms others. It is considered fault giving rise to tortious liability. Raising a public issue and criticising the position of a particular entity in pursuit of the public interest. Permissible criticism, even if its expressions are severe and its commentary harsh. Its effect. Absence of fault by the publisher giving rise to liability. - Inferring fault giving rise to liability. Within the authority of the trial court. Its condition. Its inference must be reasonable. Characterising an act as fault and denying it that characterisation. Matters of law in which the trial court is subject to review by the Court of Cassation. An example concerning permissible criticism through publication. The administration’s liability for its defective administrative decisions and its unlawful act: