KCC 11120/2015

This case individuals accused of spreading fake news. A key point was freedom of expression was provided by the Kuwaiti Constitution.

Background

The office of public prosecution accused two defendants of spreading false reports about the internal situation in Kuwait. The office requested the court to penalise the defendants according to the relevant laws.

The court ruled that the defendants should be imprisoned for three years. The court ruled that the ruling could be suspended if the defendants paid a guarantee of 1000 Dinars each.

The defendants appealed the ruling before the court of appeal. The court dismissed the appealed ruling and acquitted the defendants.

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. The office said that the court had acquitted the defendants although the criminal elements had existed in their case.

Decision

The court said that this argument was invalid. The court said that the case documents revealed that the defendants had not published or spread false reports. The court said that the freedom of expression was provided by Article 36 and 37 of the Kuwaiti Constitution.