KCC 574/2008
This case involved the publishing of an insulting article. A key question was the difference between acceptable criticism and insults.
Background
Two appellants said in their grounds of appeal that the appealed ruling by which they were convicted of permitting and publishing an article that hurt the reputation of the victim had erred in the application of law and had insufficient evidence of causation. They said that the phrases of the article were within what was defined as acceptable criticism and that they did not intend to insult the victim.
Decision
The court of cassation said that this argument was invalid. The court said that the court considered all aspects of the incident and concluded that the elements of the crime existed in the case. The court said that the documents of the case revealed that the published article included phrases that could hurt the reputation of the victim in accordance with Article 21 of Kuwait Law No. 3/2006. The court said that the court established its ruling on the grounds of solid evidence.
The court dismissed the appeal.