of topics that are protected under the right to freedom of expression.12 A further set of vaguelyworded provisions prohibit the publication of anything that might, inter alia, “disdain or contempt the Constitution of the State”, insult “public morals”, or cause “harm to the relationships between Kuwait and other Arab or friendly countries”. Journalists and media workers can face fines if they fail to abide by these provisions, while newspapers may be closed, have their licences suspended or issues confiscated, and print shops can be closed down. Under this law, several media outlets have been targeted for their criticism of the government,13 including the newspaper Al-Watan.14 Peaceful criticism of the state or its representatives is further criminalised by Cybercrime Law No. 63, under which individuals may be sentenced to prison terms for “criticising the emir on the Internet” and for establishing a website or publishing material online “that would prejudice public morality”. Furthermore, the Commission for Mass Communications and Information Technology was established under Communication Law No. 37 of 2014 in order to control publicly available content. The Commission was given broad powers to block content, grant or refuse licences to Internet service providers, and suspend Internet services without any judicial oversight.15 In addition, article 25 of the law punishes anyone found guilty of “intentionally broadcasting news, statements, or false or malicious rumours [...] that harm the national interest of the State” with three years in prison. As such, it can be used to arbitrarily limit freedom of expression and access to information in violation of international standards. Recommendations: • • • Amend the Press and Publications Law, Cybercrime Law and Communication Law to bring them into line with international standards on the right to freedom of expression; Repeal any laws or provisions that criminalise defamation or blasphemy; Guarantee freedom of the press and ensure journalists and media workers are free to practice in a safe and enabling environment without undue interference or restrictions. Prohibited topics include: “matters related to God or the Quran, Prophets or their relatives” as well as any criticism of the State of Kuwait or the emir. 13 “The penalization of a media outlet, publishers or journalist solely for being critical of the government or the political social system espoused by the government can never be considered to be a necessary restriction of freedom of expression.” For more, see: HRCttee, General comment No. 34 – Article 19: Freedoms of opinion and expression, CCPR/C/GC/34, 12 September 2011, para. 42. 14 Kuwaiti authorities revoked the newspaper’s business and publishing licenses, forcing it to discontinue its print edition, however its online edition remains operational. For more, see: Committee to Protect Journalists, Kuwaiti court upholds government shutdown of Al-Watan newspaper, 19 February 2015, https://cpj.org/2015/02/kuwaiti-court-upholds-government-shutdown-of-al-wa.php (accessed 11 July 2019). 15 Human Rights Watch, Kuwait: Telecom Law Violates Free Speech, 20 August 2014, https://www.hrw.org/news/2014/08/20/kuwait-telecom-law-violates-free-speech (accessed 11 July 2019). 12 6 UPR KUWAIT