Ministry preps media draft law

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KUWAIT CITY, Aug 24: The Ministry of Information has finally finished preparing a new draft law to regulate the media, and it has been reviewed by the Fatwa and Legislation Department, reports Al-Qabas daily. The draft law included a set of new provisions, warnings and penalties, most notably: prohibiting criticisms of the individuality of His Highness the Crown Prince or the Deputy Amir, as the current law was limited to “the individuality of His Highness the Amir of the country.” The proposed draft law stipulates that it is not permissible to criticize the individuality of His Highness the Amir of the country, His Highness the Crown Prince, and the Deputy Amir.

It’s also not permissible to attribute any of them any word or deed except with special written permission from the Amiri Diwan or the Diwan of His Highness the Crown Prince. Whoever violates this will be punished by imprisonment for a period not exceeding three years and/or a fine ranging between KD 50,000 and KD 100,000.

It included a set of warnings, such as prohibiting publishing or displaying anything that would prejudice the divine essence, the angels, the Quran, the prophets, messengers (Peace Be Upon Them) and the companions, the wives of the Prophet, and the family of the Prophet, by exposure or defamation, ridicule, criticism, or by any means of expression stipulated.

The draft law explained that one of the most prominent prohibited matters is the infringement of the private life of a public employee or one assigned to a public service or any of the representatives of the National Assembly, or attributing incorrect words or actions to him that involve defamation or abuse of his personality.

The draft law is still being studied by six government agencies – the Ministry of Justice, the Ministry of Foreign Affairs, the Ministry of Commerce and Industry, Kuwait Municipality, Communications Authority, and Cyber Security Agency – to make observations and then submit them to the Fatwa and Legislation Department. Prohibited matters

■ Incitement to overthrow the ruling system in the country, or urging to change this system by force or through illegal means, or calling for the use of force to change the existing social and economic system in the country, or to adopt doctrines that aim to destroy the basic systems in Kuwait through illegal means.
■ Attacking the personality of His Highness the Amir of the country, His Highness the Crown Prince, or the Deputy Amir with criticism. It is not permissible to attribute any of them with words or actions without a special written permission from the Amiri Diwan or the Diwan of His Highness the Crown Prince.
■ Disrespecting or expressing contempt towards the state’s Constitution.
■ Offending public morals or inciting to violate laws and commit crimes, even if the crime did not occur.
■ Disclosing news about official secret communications or agreements and treaties concluded by the Government of Kuwait before they are published in the official gazette, except with a special permission from the concerned ministry.
■ Influencing the value of the national currency or undermining confidence in the economic situation of the country or news of the bankruptcy of merchants, commercial companies, banks or forex exchange, except with a special permission from the concerned court.
■ Disclosing what is going on in any meeting, what is written in documents, papers, decrees, or any papers or publications that the Constitution or any law has determined to be confidential or not to be published; publication is limited to the official statements issued as a result.
■ Infringement of the private life of a public employee or one entrusted with a public service, or of any of the representatives of the National Assembly, or attributing incorrect words or actions to him that involve defamation or abuse of his personality.
■ Provoking sectarian or tribal strife or spreading ideas that call for the supremacy of any race, group, color, origin, religious sect, gender or lineage, or inciting an act of violence for this purpose.

Penalties
■ A fine ranging between KD 3,000 and KD 20,000 shall be imposed for any violation of issues prohibited for publication.
■ A fine ranging between KD 1,000 and KD 3,000 for any violation of the provisions of the law for which there is no provision.
■ A fine ranging between KD 10,000 and KD 50,000, with the confiscation of equipment and closure of the facility, shall be imposed on anyone who practices or engages in an unlicensed activity related to the establishment or exploitation of a printing press, publishing or distribution, advertising, translation, a center for studies, research, artistic production, and the operation or management of theaters, cinemas, distributing cinematic films, providing technical services for broadcasting, issuing newspapers, establishing and operating a satellite channel or rebroadcasting a channel or several satellite channels.
■ A fine ranging between KD 5,000 and KD 50,000 shall be imposed on anyone who practices broadcasting, re-broadcasting, issuing newspapers, or any of the works without obtaining a license in that regard from the ministry.
■ A fine ranging between KD 100,000 and KD 200,000 shall be imposed on the individual in charge of a licensed company in the event that the licensee refuses to enable the auditor to carry out the duties of his assignment, or if it appears from an audit of the financial position of his accounts that there is suspicion about the legality of the source. In this case, it is also necessary for the ministry to notify the Public Prosecution.
■ Imprisonment for a period not exceeding five years and/or a fine ranging between KD 50,000 and KD 100,000 shall be imposed against any individual who is proven to have insulted the divine essence, the angels, the Quran, the prophets and messengers, the companions, the wives of the Prophet, or the family of the Prophet who were contemporaries of the Messenger.
■ The penalty contained in this article shall be doubled in the event of return. The court may, in addition to the previous penalties, order the closure of the facility and the cancellation of the license or suspension for a period not exceeding one year.
■ Imprisonment for a period not exceeding three years and/or a fine ranging between KD 50,000 and KD 100,000 shall be imposed on whoever violates any of the prohibitions related to instigating the overthrow of the ruling system in the country or urging to change this system by force or other means illegally or calling for the use of force to change the existing social and economic system in the country or to adopt doctrines aimed at destroying the basic systems in Kuwait through illegal means.
■ This punishment also includes anyone who insults the person of His Highness the amir of the country, His Highness the Crown Prince or the Deputy Amir with criticism, just as it is not permissible to attribute to any of them a word or deed except with a special written permission from the Amiri Diwan or the Diwan of His Highness the Crown Prince.

Those subject to penalties
■ Writer or author of the publication and its publisher, distributor or printer, as the case may be.
■ The editor-in-chief of the newspaper or his deputy and the writer or author of the article.
■ The director of the channel or his deputy, the preparer and presenter of the media material, everyone responsible for broadcasting that material, and whoever conducted the dialogue with him or from whom the media material was issued.
■ The director of the re-broadcasting company or the one in charge of it.
■ The manager responsible for the website or the electronic media outlet for publishing the content on the websites.
■ The one responsible for movie theaters and for holding the public art concert.

Licensing requirements
The draft law stated that an application for obtaining a license to issue a newspaper, broadcast a satellite channel, or rebroadcast a channel or several channels must be submitted to the concerned authority in the ministry according to the form prepared for that.

As an exception to the provisions of decree-law No. 1/2016 referred to, the license applicant must comply with the following:
■ Must be a Kuwaiti company whose purposes include working in any of the fields of media.
■ The company’s capital shall not be less than KD 250,000 if the license is for a daily, weekly, monthly, fortnightly, or quarterly or semi-annual newspaper, and KD 500,000 if the license is for a comprehensive visual channel, news, social, and sports. For a commercial advertisement, it is KD 200,000 if the license is for an audio channel only, and KD 500,000 if the license is for re-broadcasting a channel or several satellite channels. The proposed draft law has set requirements related to films, cinema theatres, and concerts, such as:
■ Films are subject to censorship with the aim of preserving spiritual values and adhering to the authentic customs and traditions of Kuwaiti society, and not disturbing public order, violating public morals, or violating laws. No Kuwaiti, Arab or foreign film may be shown in cinema theatres without obtaining a prior permit from the relevant committee.
■ The ministry must form a committee of specialists from the ministry and others to set the appropriate criteria for authorizing or preventing the showing of films in cinema theatres in the State of Kuwait in accordance with the provisions of the law, public order and public morals, and provide a technical evaluation for each film to determine the age allowed to enter theaters to watch the film.
■ It is not permissible to hold public parties except in public-private places and establishments whose owners or exploiters are licensed by the ministry.
■ It is required that the venue for a public ceremony be a building that meets the conditions of the licenses decided by the relevant authorities.
■ Issuance of prior approval from the ministry is necessary for holding any public ceremony, for which a request to hold the ceremony must be submitted.
■ It is not permissible to announce the holding of a music concert in public or private places for or without a fee in any of the audio-visual and print media, except after obtaining approval from the concerned ministry, with the obligation to put the number of the concert license in a prominent place in the advertisement.
■ The ministry can license four-star and five-star hotels, according to its licensing classification, to play music in the hotel’s reception hall (lobby).
■ In a public artistic ceremony, compliance with the rules of order and public morals, not deviating from the prevailing social values and the customs and traditions of Kuwaiti society, and not violating the provisions of the law are essential. The concerned ministry has the discretionary power to stop a public artistic concert and take the necessary measures in the event of any transgressions or violations of the provisions of the law. It may cancel the license issued for the venue of the concert or stop it. For the embassies and consulates of Arab and foreign countries, the concerned ministry must be notified in order to hold a public ceremony in any place outside the embassy grounds, through the Ministry of Foreign Affairs.

The Ministry of Information announced, Wednesday, said it will hold a panel discussion on the draft media regulation law, to be presented by the Minister of Information and Minister of Awqaf and Islamic Affairs, Abdul Rahman Al-Mutairi, on September 25, reports Al-Qabas daily. The ministry said in a press statement that an invitation will be sent to all media professionals, specialists, constitutional experts and public benefit associations for a panel discussion on the draft media regulation bill after completing the observations and suggestions of the concerned government agencies in the country.

The ministry added, this panel discussion comes in implementation of the contents of the royal speech, which stipulated directing the media apparatus in the government to be a media owned by the people, a translation of the strategy of the Ministry of Information to enhance partnership with media professionals and specialists, and a completion of its procedures for presenting the final draft of the media regulation bill. The ministry explained that during the panel discussion, all details of the draft law will be presented by the minister and the suggestions and observations of specialists and those interested in it will be taken in preparation for reaching the final draft for transfer to the National Assembly for presentation to the educational committee in the parliament at the beginning of next October.

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