15 content standards in the 'New Media Law'... no misinformation, abuse, or incitement

Key regulations:

- Do not target the Amir personally.

- Do not attribute any statement or action to the Amir or the Crown Prince without written authorization.

- Do not target the system of governance in the State.

- Do not harm the State’s foreign relations.

- Do not incite sectarianism or violate public morals.

- Respect the private lives of individuals and the privacy of children.

- Ensure accuracy and do not publish any false news.

- Do not publish any classified content.

- It is mandatory to publish any response or correction in the same place of publication and using the same type and size of characters.

Article 17 of this chapter holds a special position, as it sets out media content standards that licensees must adhere to in order to protect the country’s religious, national, and public order foundations, public morals, and the privacy of individuals and children, while ensuring accuracy and avoiding false and misleading news. Violating these standards constitutes an administrative offense, falling under the general provisions of Article 61 regarding the imposition of administrative penalties on anyone who violates the provisions of the law. The violator shall be subject to graduated penalties commensurate with the seriousness of the offense, without prejudice to criminal liability for the offending content itself. If the content constitutes a crime punishable under any of the laws in force in the State, criminal liability shall apply within the framework outlined in Article 68. Those identified as responsible, based on the medium and their actual role, shall be subject to the penalty prescribed by the law under which the violation occurred. Thus, the two tracks operate in distinct spheres; neither replaces the other nor impedes the other. Administrative penalties address breaches of the regulations governing the licensed activity, while criminal liability addresses content that itself constitutes a legally punishable offense.

3. Do not attribute any statement or action to the Amir of the State or the Crown Prince without specific written authorization from the Amir’s Diwan or the Crown Prince’s Diwan, as applicable.

4. Respect the system of governance in the State and do not target it in any form of insult, and do not call for, incite, or promote the overthrow of the system of governance or its change by force or by any other illegal means.

5. Do not harm the State’s foreign relations or insult other countries or their leaders, or publish content that conflicts with the State’s supreme interests at both the domestic and international levels.

6. Do not incite sectarian, confessional, or tribal divisions, or target any component of society in any form of insult or incitement to violence, hatred, or terrorism, or call for joining terrorist groups or promote their ideas.

7. Do not violate public morals, or publish content that encourages deviance, depravity, prostitution, or the engagement in any illegal activity.

9. Do not publish or circulate any content that exposes children to exploitation or abuse, violates their privacy, or depicts them in situations or actions inappropriate for their age or religious and social values.

11. Ensure accuracy and do not publish, broadcast, or circulate false or misleading news, statements, rumors, or forged documents, or incorrect information that could harm the public interest or public order or cause panic among people.

13. Do not publish any content related to confidential official communications, agreements, or treaties before their official announcement, or anything that the law designates as confidential.

14. Do not publish the content of authored works, publications, or audiovisual works, or parts thereof, which have previously been determined as not approved for publication or circulation.

Article 16 also stipulates the following: The editor-in-chief and his deputies, or the channel director and his deputy, or the person responsible for the electronic media outlet, as applicable, must publish any response, correction, or retraction received from the competent ministry, other government authorities, or any legal or natural person whose name was mentioned or referred to in a writing, drawing, or symbol in the newspaper, program, or media content that was broadcast, or in the published media content. This must be done on the date specified by the concerned authority or person, in the same place of publication or broadcast, using the same method, style, language, font type, size, and duration as the original content being responded to, corrected, or retracted, and without charge.

Chapter Two, titled “Media Activities and Provisions Concerning Their Licenses (Articles 4 to 14),” constitutes the cornerstone of the law. It defines the media activities subject to its provisions, whether traditional or emerging, and leaves to the executive regulations any new activities that may arise over time. It outlines the licensing conditions, procedures, duration, grounds for cancellation, and the licensee’s obligations prior to commencing activities, while also guaranteeing the right to appeal and challenge decisions before the courts.

Among the most notable provisions is Article 7, which mandates that a licensing decision be issued within 60 days from the date of submitting a complete application. If no decision is issued within this period, the application is deemed approved. This provision is of particular importance, as it aims to prevent administrative silence or delay from obstructing the rights of those who meet the licensing conditions. It establishes that the default position is to approve applications rather than reject them, and imposes on the administration the duty to expedite decisions and provide reasoned justifications for any rejection, thereby ensuring stability, transparency, and safeguarding the freedom to conduct media activities from unjustified impediments.

Another key aspect is the distinction between natural persons and legal entities. The law permits natural persons, either individually or through a sole proprietorship they own, to obtain licenses for media activities, except for print newspapers and satellite radio and television channels, which are restricted to companies and investment entities. For natural persons, the law requires Kuwaiti nationality, attainment of 21 years of age, full legal capacity, good conduct, and appropriate academic qualifications. For companies and investment entities, the media activity must be included in the company’s objectives or in the activities for which the investment entity is licensed, and partners or board members must meet the conditions of good conduct and appropriate qualifications.

The chapter also includes a fundamental guarantee for the stability of media activities: except in strictly defined cases, licenses may not be revoked except by a final court judgment or upon the licensee’s request. It also mandates the establishment of an electronic platform for license registration to keep pace with digital transformation. There shall be no leasing or assignment without prior approval.

In this context, Article 10 stipulates that any lease of a license provided for by law is void. The sale or assignment of a license is also void if done without prior approval from the competent ministry. The heirs of the licensee have the right, within six months of the licensee’s death, to request the transfer of the license to them, provided that one of them is responsible for management and meets the required conditions under the law. They may also request the transfer of the license to another natural or legal person who meets the conditions prescribed for granting the license, subject to the competent ministry’s approval; otherwise, the license is deemed revoked. The executive regulations of this law govern the conditions and procedures for transferring, selling, and assigning licenses.

Furthermore, Article 11 stipulates that, without prejudice to any other grounds for cancellation provided by this law or any other law, licenses are automatically revoked in the following circumstances:

1 - If the license holder does not commence the licensed activity within six months from the date of submitting the declaration to the competent ministry, as stipulated in Article (8) of the Law, except for commercial advertising licenses.

2 - If the license holder loses any of the conditions required for issuing the license as set forth in this Law, or if it is established that the license holder obtained the license based on false or forged data.

3 - If the position of Editor-in-Chief and their deputies, or the Channel Director and their deputy, or the Manager responsible for the electronic media outlet, or the Director of the cinema screening venue becomes vacant, or if any of them loses the required qualifications, and the license holder fails to appoint a replacement meeting the required conditions within the period specified by this Law.

5 - If the license holder sells or transfers the license without prior approval from the competent ministry.

6 - If the license holder is a legal entity and its legal personality terminates for any reason, unless the necessary procedures are completed with the competent ministry.

7 - If the license holder ceases to conduct the activity for a period exceeding that specified in the Executive Regulations of this Law.

8 - If the license term expires without a renewal request being submitted within three months from the expiration date. The concerned party shall be notified of the cancellation of the license in any of the aforementioned cases. In cases other than those previously mentioned, licenses for media activities may not be revoked except by a final judicial ruling issued by the competent court or upon a written request from the license holder.