Media Regulation Law: Comprehensive restructuring of the media system
Article Two of the decree entrusts the competent minister with issuing the executive regulations for the law within six months from the date of the decree’s publication in the Official Gazette, as well as issuing the necessary decisions to implement its provisions.
Article Three obligates owners of the media activities mentioned in this law and listed upon its implementation to regularize their status in accordance with its provisions within six months from the date of issuance of the executive regulations; failure to regularize their status within this period will result in the cancellation of their license.
Article Four repeals Law No. (3) of 2006 concerning Publications and Publishing, Law No. (61) of 2007 concerning Visual and Audio Media, and Law No. (8) of 2016 Regulating Electronic Media, as well as any other provision that conflicts with the provisions of the new law.
For his part, Minister of State for Communications and Information Technology Affairs and Acting Minister of Media and Culture Omar Al-Omar affirmed that the issuance of the media regulation law represents an important step in the process of developing and updating the country’s legislative media framework, laying the foundation for a new phase that enhances media freedoms and consolidates responsible professional practice.
Minister Al-Omar stated in a statement to KUNA that the new law embodies the state’s commitment to providing a more open and advanced media environment, based on a balance between safeguarding freedoms, protecting rights, and professional responsibility, thereby enhancing the role of media as a key partner in the development process and keeping pace with rapid transformations in the media and digital landscape.
He clarified that the new legislation reflects a trend toward greater freedoms, reduced restrictions, and the development of the regulatory environment for media work, while providing a clearer legal framework for media institutions, journalists, and media professionals, supporting creativity and content diversity, and strengthening Kuwait’s position and media environment.
Minister Al-Omar added that the law responds to the significant developments witnessed by the media sector in recent years, particularly in digital media, social media platforms, advertising, and content production, providing a modern and unified legislative framework that keeps pace with these changes and regulates modern media practices.
He pointed out that unifying the laws regulating media under a single law contributes to simplifying procedures and achieving greater clarity and legislative stability, alongside creating an environment conducive to investment and innovation in the media and content production sectors.
Minister Al-Omar emphasized that media freedom will remain a cornerstone of Kuwait’s approach, and that updating media legislation aims to enhance this freedom and consolidate responsible professional practice, while preserving the rights of individuals and society, as well as their values and constants.
He stressed that the coming phase will see the completion of the law’s executive frameworks to achieve its objectives, affirming the Ministry of Media’s commitment to engaging with media institutions and sector professionals and listening to their views and observations to contribute to the development of a modern and professional media environment.
The explanatory memorandum of the law states that the media landscape has undergone a radical transformation over the past decades due to technological and digital developments, leading to changes in publishing and communication methods and a reshaping of concepts related to publishing, broadcasting, and influence. Over time, this evolution extended beyond the medium itself, giving rise to new media concepts and activities that were unknown at the time the existing legislation was enacted and are no longer covered by its scope, such as influencer and advertiser accounts, social media platforms, digital re-broadcasting services, and digital advertising. Regulating these activities has become an urgent necessity that brooks no delay.
Given that the three existing laws—the Publications and Publishing Law No. (3) of 2006, the Audiovisual and Audio Media Law No. (61) of 2007, and the Electronic Media Regulation Law No. (8) of 2016—were enacted in different eras, each with its own rationale, the provisions governing media activities became fragmented among them. Consequently, they have become incapable of keeping pace with the rapid changes in the media sector, whether in terms of concepts, licensing, crimes, or violations. It is no longer justifiable to have multiple laws regulating activities that all fall under a single umbrella: media. The unity of the field demands unified regulation, and the discrepancies in concepts, procedures, and penalties resulting from multiple legal texts are inconsistent with the unified nature of these activities and their increasing overlap in practical reality.
This law is based on a specific legislative engineering framework centered on flexibility, which is essential for this type of media legislation. The statutory text is limited to establishing stable principles and general provisions, while delegating detailed and procedural matters—such as conditions, controls, procedures, emerging media activities, and technical and artistic aspects that change rapidly—to the Executive Regulations. This approach recognizes that the media field is inherently dynamic and cannot be governed by rigid regulation. Had its details been embedded in the main law, every technological advancement would have required legislative amendment, causing regulation to lag behind reality. Thus, the distribution of matters between the law and its executive regulations achieves stability in fundamental principles and flexibility in details, enabling the monitoring of subsequent developments without the need for repeated legislative amendments.
Article (2) stipulates that freedom of opinion is guaranteed, and that every person has the right to express and publish their opinion by speech, writing, or other means, without infringing upon rights and freedoms and within the limits prescribed by law to protect public order and morals, respect the rights, dignity, and reputation of others, and safeguard national security and national unity. Article (3) affirms that freedom of the press, printing, publishing, and media is guaranteed and regulated by the provisions of the law. Media activities specified therein, as well as books and publications displayed at book exhibitions organized by the competent Ministry, are not subject to prior censorship. However, the activity of screening cinematic films, and books and other non-periodical publications printed or published within the State of Kuwait, is subject to prior approval from the competent Ministry before their printing, circulation, and publication, all in accordance with the conditions, controls, and procedures specified in the Executive Regulations of this law.
