KCC 277/2016

This case involved whether the elements of the crime existed where an individual had published a tweet which spread fake news and potentially damaged the relationship with Saudi Arabia.

Background

The office of public prosecution accused a defendant of publishing a tweet that had caused damage to the relationship between Kuwait and Saudi Arabia and spreading false news about the internal situation in Kuwait as well as calling for a change of the political regime. The office requested the court to penalize the defendant according to the relevant laws.

The court acquitted the defendant.

The office appealed the ruling before the court of appeal. The court upheld the appealed ruling.

The office appealed the ruling before the court of cassation. The office said in its grounds of appeal that the ruling had erred in the application of law and had insufficient evidence of causation. The office said that the court had established the ruling on the grounds that the elements of the crime had not existed although the expressions used by the defendant did not fall within the scope of freedom of speech.

Decision