Kuwait Court of Cassation principle number 70

Summary: - Where criminal intent is established in the offence of affronting dignity by broadcasting a television programme. Its effect: there is no scope for examining good faith. Exception: where the attack is directed at a public official. The reason thereof. Rule: Where criminal intent is established in the offence of affronting dignity by broadcasting a television programme, there is no scope for examining the question of good faith, except where the attack is directed at a public official. In that case, if the accused succeeds in persuading the court of his good faith in making the attack and that he intended thereby to defend a public interest, and is also able to establish the truth of every act he attributed to the victim, he is not punishable despite his criminal intent being established. If, however, it becomes apparent that his intention in making the attack was merely to defame and disparage, punishment is required. That being so, and it being apparent from the challenged judgment that, in addition to the appellants’ failure to persuade the trial court of their good faith, it was established—as previously stated—that the acts they attributed to the victim were untrue and contrary to truth and reality, their objection to the judgment in this regard is unsound.