Kuwait Court of Cassation principle number 35

Fault warranting compensation in tortious liability. Its occurrence through publication in newspapers by insult and defamation. Recklessness and lack of precaution suffice to establish it. Absence of malicious intent. No effect. - Inferring fault giving rise to liability or its absence. Within the authority of the court of merits. Its condition. - The challenged judgment’s inference, within its discretionary authority, of the appellants’ fault warranting their liability from their approval of publication of the disputed news item without identifying those to whom they attributed the news and without verifying and investigating the accuracy of its contents, and from the wording of the news item that it involved an affront to the respondent’s dignity, which - 13 - Obligation caused him moral damage for which it assessed compensation at the amount awarded. Challenging it for violation of the law or error in its application. Unfounded.