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Filming in Public Not a Crime, Photographer Acquitted in Hijab Privacy Case

publish time

07/05/2025

publish time

07/05/2025

Filming in Public Not a Crime, Photographer Acquitted in Hijab Privacy Case

KUWAIT CITY, May 7: The Court of Appeal has upheld the ruling of the lower court, acquitting a sports photographer who was accused of defaming two female fans by filming and publishing their photos without consent.

The case began when the two women filed a complaint, stating they were filmed without their knowledge while attending a foreign sports tournament and later saw their images posted on the photographer’s Instagram account. They claimed the act was defamatory because they were not wearing the hijab in the footage, although they typically wear it in Kuwait.

In court, defense lawyer Nawaf Al-Wahib argued that the legal elements necessary to establish a crime were lacking. He cited rulings by the Court of Cassation, which held that photographing individuals in a public space does not constitute a criminal offense.

Al-Wahib explained that his client, a professional photographer, was capturing footage in a public setting for media coverage, aiming to showcase and celebrate Kuwaiti fans’ support for their national team. He also noted that the photographer was unaware the women wore the hijab in Kuwait and would have avoided publishing their photos had he known, out of respect for their privacy.