KUWAIT CITY, March 8: The rapid circulation of information through smartphones, which now function as mobile news outlets, has become a defining feature of the rapidly evolving and tense regional landscape. Within seconds, photographs, videos and news items are disseminated in various social media platforms. However, this raises a highly sensitive legal issue.

At what point does the sharing of information become a legally punishable offense? Official warnings against certain actions, such as photographing military sites, documenting missile strikes, or publishing images of military vehicle movements, are not arbitrary.

They stem from a clear legal framework intended to safeguard national security. To clarify the boundary between the ‘right to know’ and the ‘duty to safeguard national security,’ the newspaper consulted several lawyers. They unanimously agreed that freedom of expression, although constitutionally protected, is not absolute. It must be exercised within the limits of legal responsibility.

The Constitution itself restricts this freedom by prohibiting any action that disturbs public order or threatens State security, thereby granting the legislature the authority to impose stricter regulations during times of crisis.

Accordingly, the lawyers stressed that under the current circumstances, relying on information issued by official sources is the safest legal course of action. They strongly advised against publishing any content related to military or security matters.

Attorney Enam Haidar affirmed that the concept of ‘truth’ in criminal law is not absolute when it conflicts with the higher interests of the State.

She explained that many people believe that the accuracy of a piece of news or the existence of photographic documentation protects its publisher from prosecution, but this belief does not withstand the provisions of the penal code relating to crimes against State security. She asserted “national security takes precedence over the sanctity of information.” She added that the decisive factor in this type of crime is not the accuracy of the information itself, but rather its impact and the timing of its publication. She pointed out that publishing images or coordinates of vital locations during periods of tension could harm the military or political standing of the country, even if the act was not carried out with direct hostile intent

She explained that information which may appear ordinary in stable circumstances can become dangerous in exceptional situations, as the temporal context plays a crucial role in determining its legal classification. She asserted that the law considers the potential consequences in such cases and assesses whether the publication could endanger national security or public safety.

Attorney Ali Matar Al-Wawan warned against carelessness in sharing clips through social media applications, indicating that Cybercrime Law No. 63/2015 expanded the scope of responsibility to include anyone who uses information networks to publish or republish content that harms the higher interests of the country. He indicated that the law does not distinguish between the original publisher and the person who reposts the material once the elements of the crime are established. “Contributing to the spread of content of a security nature may subject an individual to legal accountability, even if his role is limited to forwarding the material or sharing it within a closed group,” he elaborated. He stressed that the excuse, “I received it as is”, does not negate general criminal intent, provided that the individual was aware of the nature and seriousness of the content. He also pointed out that the pursuit of online fame or trending status and increased views can quickly lead to legal proceedings, emphasizing the importance of exercising self-restraint before pressing the send button.

In an analysis of Kuwaiti judicial trends, Attorney Abdul Mohsen Al-Qattan explained that courts have traditionally maintained a balance between the freedom of expression guaranteed by the Constitution and the need to protect the State and its stability. “However, this balance naturally shifts toward stricter measures whenever general circumstances become exceptional,” he said. Al-Qattan added that crimes related to State security do not require the occurrence of actual harm, it is sufficient that the act could potentially endanger the country. He stressed that good faith alone is not enough to guarantee immunity from punishment in such cases if it is proven that the individual knew that the material being published is related to military or security matters at a sensitive time. He clarified that photographing defense systems or strategic sites out of pride or curiosity could be legally interpreted as the disclosure of information that hostile entities might exploit. He emphasized that the judiciary focuses more on the nature of the content and its overall context than on personal motives.

The lawyers concluded that technology, despite providing speed and transparency, has brought with it a doubled responsibility. The landscape is no longer confined to professional journalists or media institutions, as every smartphone user has effectively become a potential participant in producing and disseminating news. In times of crisis, a single moment of reflection may be enough to prevent serious legal consequences. National security is not merely an institutional matter but a societal responsibility that begins with individual awareness.

Ultimately, the lawyers affirmed that a form of freedom that ends up threatening national security is not freedom at all, but rather an overreach that renders its perpetrator liable to prosecution. Between the desire for online scoops and the duty to protect the country, the final word rests with the legal text and with a national conscience that understands that Kuwait’s security is a red line.

By Jaber Al-Hamoud Al-Seyassah/Arab Times Staff