Non-professional personal accounts... exempt from media licensing under the 'New Law'

Chapter Seven (Articles 30 to 33) of the new Media Law stipulates the provisions concerning electronic media and defines its scope of application. It excludes from its scope any personal domain, website, or account whose user does not exhibit specialized professionalism, in order to balance the regulation of professional activity with the need to avoid over-restricting personal use. It also excludes any website, application, or electronic account established or managed by companies, institutions, investment projects, or holders of licensed professions, provided that its primary purpose is to promote the entity’s activities, products, or services, or to communicate with its clients, and not primarily to engage in media activity or provide media or advertising services to others. This distinction is based on differentiating between a medium whose primary purpose is to engage in media or advertising activities, and a self-directed channel established by an entity merely for self-promotion; thus, there is no justification for subjecting the latter to a media licensing regime.

However, the Law restricts this exception by stipulating that the website, application, or account must not be dedicated or used, wholly or partially, to engage in regular media or advertising activities beyond what is necessary for self-promotion. Specifically, publishing, broadcasting, or republishing advertising or promotional content prepared or presented by a promoter or advertiser on behalf of the entity, its products, or its services, pursuant to an agreement, assignment, or for financial or in-kind consideration or any other benefit, is considered to exceed this limit.

The Executive Regulations are tasked with determining the necessary bases and standards for applying the provisions of this Article, thereby closing loopholes to prevent the entity’s self-directed channel from becoming a conduit for regular advertising activities outside the licensing framework. The Law requires anyone wishing to practice, establish, or operate electronic media means to obtain a license from the competent Ministry.

For print newspapers and licensed broadcast channels wishing to establish an electronic medium, it suffices to submit a copy of their license along with the application.

Similarly, government entities, public institutions and bodies, public interest associations, syndicates, and unions are required only to notify the Ministry prior to establishing their websites and media channels, designating a responsible manager, without the need for a license.

The Law mandates the appointment of a content manager who represents the medium before competent authorities and third parties. This manager must be a Kuwaiti national, at least 21 years old, of full legal capacity, possess the required academic qualifications, and have a good reputation. The license applicant may themselves serve as the content manager if the applicant is a natural person or a single-shareholder company, provided they meet these conditions. All of the foregoing is subject to Article 63 of this Law, which permits waiving the Kuwaiti nationality requirement for those responsible for media activities or mediums in the case of licensed investment entities, under the circumstances, and in accordance with the conditions, controls, and procedures specified by the Executive Regulations in coordination with the Direct Investment Promotion Authority.