Kuwaiti House to debate new press law today

Parliament's Educational Committee has approved a new press and publications draft law calling for removing restrictions on licences for new dailies and outlawing the arrest and detention of journalists, head of the committee has said.

Mohammed Al Busairi said a special session will be held today to debate the bill that will replace an outdated 40-year-old legislation.

The bill bans the preventive detention of journalists and writers who will not go to jail until a verdict is issued by the court of cassation.

Under the present law, journalists and writers can be arrested and detained while their cases are being heard in the court.

The bill, according to Al Busairi, calls for lowering all jail terms, and the maximum jail term for any crime is one year and can still be substituted with a fine depending on judge's decision. It stipulates a jail term of one month or a fine of 5,000 dinars for crimes involving an insult to the Emir or his status. It stipulates a jail of one year or a fine of 5,000 dinars for those calling to overthrow the regime.

It stipulates a jail term of one year or a fine of 10,000 dinars for those who abuse the Almighty, prophets, Prophet Mohammed's (Peace Be Upon Him) companions and his wives. It also stipulates a fine of 5,000 dinars for defamation. In the existing law, such crimes were being penalised on the basis of the Penal Code and jail terms could reach several years and hefty fines.

"The main aim of the new bill is to ensure that freedom of expression is guaranteed," Al Busairi said.

It opens the door for new dailies which the government had banned for over a quarter of a century.

"The bill grants the right to any Kuwaiti to apply to open a newspaper, and if his request is denied, he can sue the government before the Administrative Court," Busairi added.

Al Busairi said this clause is rejected by the government which is still determined that petitions against non-issuance of licences for new dailies must be submitted to the information minister and later to the council of ministers, which is the ultimate arbitrator.

There are five Arabic and two English-language newspapers in Kuwait.

Information Minister Mohammed Abolhassan has said that the government was determined that the cabinet should remain the final arbitrator.

He also said granting licences for new newspapers should remain in the hands of the government based on "political and security factors, in addition to internal and external developments."

The new bill also bans the closure of any newspaper for any period of time before a final verdict from the court, thus negating the powers of the government to shut dailies or weeklies with an administrative order.

To become effective, the bill must be approved by parliament and endorsed by the Emir on recommendation of the government. The Emir, however, can refuse the bill and in this case, MPs need a two-third majority to overrule his decision.

HIGHLIGHTS

Ensuring freedom of expression

• The bill bans preventive detention of journalists and writers who will not go to jail until a verdict is issued by the court of cassation.

• It calls for lowering all jail terms, and the maximum jail term for any crime is one year and can still be substituted with a fine depending on judge's decision.

• The bill stipulates a jail term of one month or a fine of 5,000 dinars for crimes involving an insult to the Emir or his status.

• It also bans the closure of any newspaper before a verdict from the court, thus negating the powers of the government to shut dailies or weeklies with an administrative order.


– The writer is an Arab journalist based in Kuwait City