Kuwait Court of Cassation principle number 965

Freedom of thought and expression of opinion, including the right to criticize. Among constitutional principles. The exception. A restriction that may not erase, encroach upon or disable the principle; rather, its effect is confined to the limits stated therein. - 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. Its effect. Holding the person responsible accountable as the perpetrator of the offence of abuse and defamation or insult, and also holding him liable for the harm resulting therefrom. - The critic or publisher. He must adhere to fitting expressions, appropriate words and the public interest, and must not resort to a manner of arbitrariness and ridicule or use expressions suggesting to the reader a different or inappropriate meaning or one beyond the limited extent contained in his presentation of or comment on the incident. The reason therefor. An article containing expressions intended to defend a public interest and others intended to defame. The court may weigh the two intentions and assess which predominates in the publisher. - Offensive publication. A fault giving rise to tort liability. Its determination. Within the trial court's authority. The condition thereof. Example. - Determining fault giving rise to liability for compensation and identifying the true nature of words of abuse, defamation or insult. Its criterion. What satisfies the trial court. The condition thereof. That it does not err in the legal application to the facts and that it bases its judgment on reasonable grounds. Contravention thereof. A violation of law requiring cassation of the judgment.