Kuwait Court of Cassation principle number 200

Summary: - Articles 2, 21 and 27/First of Law No. 3 of 2006 concerning Press and Publications. The meaning of a printed publication, a newspaper, and matters prohibited from publication. - Punishment extends to the editor-in-chief, the article writer, and the author. The provisions of this Law apply to everyone who prepares writings, drawings or pictures in a newspaper, magazine or any other printed publication intended for circulation, expressing his opinion regularly or irregularly. This includes editors, publishers, or persons who write regularly in newspapers and other printed publications. Rule: Article 2 of Law No. 3 of 2006 concerning Press and Publications provides that: "In applying the provisions of this Law, the following terms shall have the meaning set out opposite each of them: Printed publication: Every writing, drawing or picture, whether unaccompanied or accompanied by music, and other means of expression, whenever recorded on a medium by traditional means or any other means, or stored in storage, magnetic or electronic media or other repositories, intended for circulation for or without consideration. Printer 1- ..... Newspaper: Every newspaper, magazine or other printed publication issued under one name periodically at regular or irregular intervals, even if merely a translation or reproduction from other printed publications ..... Writer: Everyone who writes in a newspaper regularly or irregularly. Editor: ....." Article 21, appearing in Chapter 3 of the aforementioned Law, entitled: Matters Prohibited from Publication in a Printed Publication or Newspaper and Penalties, also provides: "It is prohibited to publish anything that would 1- ..... 2- ....... 3- ....... incite violation of the laws ...... ." Article 27/First-3 then provides that: "Without prejudice to any harsher penalty prescribed by another law, the editor-in-chief and the article writer or author shall, if anything prohibited by Article 21 is published in the newspaper, be punished by a fine of not less than three thousand dinars and not more than ten thousand dinars." The import of these provisions collectively is that the provisions of the aforementioned Law No. 3 of 2006 apply to everyone who prepares writings, drawings or pictures in a newspaper, magazine or any other printed publication intended for circulation, expressing his opinion regularly or irregularly. The said Law did not limit the application of its provisions to editors, publishers, or persons who write regularly in newspapers and other printed publications. That being so, and since the challenged judgment addressed the first appellant's contention that he bore no liability on the ground that he was not among those subject to the provisions of the Press and Publications Law, and rejected it on the basis of the foregoing reasoning, his criticism in this regard is unsound.