Kuwait Times, Sunday, Sep 18, 2022 | Safar 22, 1444
Posting rumors on social media during elections a ‘crime’
Kuwait:
Two Kuwaiti legal experts
have confirmed that any rumor published through the social media platforms
during the elections is a punishable act forbidden by the law. In separate
statements to KUNA, they said that laws related to fighting cybercrimes or
election code forbids any act that might negatively affect the elections,
including practicing influence on voters’ will.
In this regard,
Lawyer Dr Hussain Al-Abdullah said that the law criminalizes any act that can be
used to affect the voter’s choices; punishment can reach five years
imprisonment. According to law No. 35 of 1962 and its amendments, punishable
acts include threats, bribery, the broadcast of false news that can affect the
candidate’s reputation, dignity and financial integrity, in addition to the
modernized trends of criminal influence through latest technology and
communication.
These acts can be punished according to Law 37 of 2014 regarding the
Communications and Information Technology Commission, and Law 63 of 2015
regarding Information technology crimes. On her part, the Professor of
constitutional law in the National Assembly Hanan Al-Dighisham said that the law
guarantees the exercise of the legitimate freedom of expression and defines the
punishable actions.
“With the development of media and publication that differs from the traditional
paper publication, the Kuwaiti lawmaker has issued number of new laws that
coincide with the latest updates in media sector”, Al-Dighisham added. Many laws
have been issued in this regards including the publishing law, the audio-visual
media law, the electronic media regulation law, the electronic media regulatory
authority law, the information technology crimes law, and the misuse of
telephone communications devices.
As for the cybercrimes related to the National Assembly elections, the Kuwaiti
law stressed the importance of the integrity of the electoral process and
protection of candidates and voters, she noted. She pointed out that Article 43
of Law No 35 of 1962 on the National Assembly elections states that offenders
are punished either with “a penalty of imprisonment not exceeding six months and
a fine not exceeding 100 dinars, or one of these two penalties”.