KCC 500/2012

This case involved the publishing of an article which insulted an individual and whether the fact the appellants did not intend to insult the victim had an impact.

Background

Two appellants said in their grounds of appeal that the appealed ruling by which they were convicted of permitting and publishing an insulting article against a person had erred in the application of law and had insufficient evidence of causation. They said that the elements of the crime did not exist in the case. They said that they did not intend to hurt the person's reputation.

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 article included insulting phrases that hurt the reputation of the person in violation to Article 21 of Kuwait Law No. 3/2006. The court said that the appellants' defence was irrelevant in this regard.

The court dismissed the appeal.