Kuwait

Abstract

The government aggressively cracked down on free speech throughout 2015, using provisions in the constitution, the national security law, and other legislation to stifle political dissent, as well as passing new legislation criminalizing or increasing penalties for various forms and means of expression. In an effort to curb local terrorism, according to authorities, Kuwait became the first country to pass a law requiring that all Kuwaiti citizens and residents provide DNA samples, in violation of the right to privacy. Kuwaiti authorities have invoked several provisions in the constitution, penal code, Printing and Publication Law, Misuse of Telephone Communications and Bugging Devices Law, Public Gatherings Law, and National Unity Law to prosecute over a dozen people over the last few years for criticizing in blogs or on Twitter, Facebook, or other social media the emir, the government, religion, and the rulers of neighboring countries. Those prosecuted have faced charges such as harming the honor of another person; insulting the emir or other public figures or the judiciary; insulting religion; planning or participating in illegal gatherings; and misusing telephone communications. Other charges include harming state security, inciting the government's overthrow, and harming Kuwait's relations with other states. From January to October, courts convicted at least five of those charged, imposing prison sentences of up to six years and fines. In June 2015, Kuwait passed a new cybercrime law that includes far-reaching restrictions on Internet-based speech. Article 6 of the law imposes prison sentences and fines for insulting religion and religious figures, and for criticizing the emir on the Internet. Article 6 also prohibits Internet-based statements deemed to criticize the judicial system or harm Kuwait's relations with other states, or that publicize classified information, without exceptions for disclosures in the public interest.