The Kuwait Constitutional Court partially struck down Law No. 8 of 2023 (the Media Regulation Law), holding that several provisions violated Articles 36 and 37 of the Kuwaiti Constitution, which guarantee freedom of opinion and of the press.
In 2023, the Kuwaiti National Assembly passed the Media Regulation Law, which introduced mandatory licensing for online news platforms, criminal penalties for publishing "false news," and broad takedown powers for the Ministry of Information. A coalition of journalists and civil society organizations challenged the law's constitutionality.
The Court upheld the licensing requirement as a reasonable regulation of the press, but struck down the criminal penalties for "false news" as unconstitutionally vague. The Court also limited the Ministry's takedown powers, requiring prior judicial authorization for content removal except in cases of imminent national security threats.
"Freedom of expression is the cornerstone of democratic governance. Restrictions must be precise, proportionate, and subject to judicial oversight." — Kuwait Constitutional Court