VZCZCXYZ0003
PP RUEHWEB

DE RUEHKU #0804/01 0671401
ZNY CCCCC ZZH
P 081401Z MAR 06
FM AMEMBASSY KUWAIT
TO SECSTATE WASHDC PRIORITY 3376

C O N F I D E N T I A L KUWAIT 000804 
 
SIPDIS 
 
SIPDIS 
 
FOR NEA/ARP, NEA/P, NEA/PPD, DRL 
 
E.O. 12958: DECL: 03/07/2016 
TAGS: PGOV KHUM IR KU FREEDOM AGENDA
SUBJECT: FREEDOM AGENDA: OPPOSING REACTIONS TO THE NEW 
PRESS AND PUBLICATIONS LAW 
 
REF: KUWAIT 768 
 
Classified By: DCM Matt Tueller for reasons 1.4(b) and (d) 
 
¶1.  (U)  Summary and Comment: Reactions to the newly-passed 
Press and Publications law (reftel) have varied widely and at 
times tended to hyperbole.  One knowledgeable post contact 
sees it as a great step forward while another fears it will 
lead to the end of quality journalism in Kuwait.  Liberals 
are generally critical of some of the restrictive provisions 
contained in the law.  Despite the fact that most of our 
contacts express serious reservations about aspects of the 
law, all have welcomed its passage.  Secular MPs applaud the 
intrinsic freedoms guaranteed by the law; Islamists see new 
opportunities to air their views; the "independent" bloc -- a 
group of pro-government deputies -- supported the law when it 
became clear it was destined to pass, perhaps as a way of 
gaining political capital for what they see as a more 
important upcoming fight over electoral redistricting.  End 
Summary and Comment. 
 
Group of Local Lawyers' Oppose the Law 
-------------------------------------- 
 
¶2.  (U)  The Al-Watan Arabic-language daily reports that the 
Lawyer's Association called for the withdrawal of the Press 
and Publications Law.  The association called the law 
unconstitutional, with only superficial changes meant to 
deceive those with noble intentions, while actually 
strangling freedom of criticism and publication by 
intimidating journalists with the threat of jail time and 
unreasonably harsh monetary penalties for crossing vaguely 
worded red lines. 
 
Four MPs Pushed for Stricter Measures 
------------------------------------- 
 
¶3.  (U)  In contrast, a group of four independent MPs 
unsuccessfully tried at the last minute to add a number of 
amendments that would have further restricted the rights of 
journalists by adding all government officials to the list of 
those who may not be criticized.  (Note: the list of those 
who cannot be criticized includes the Amir, the courts, and 
the Public Prosecution.  End note.)  They also wanted to 
increase the penalties for some offenses related to 
publishing material on forbidden topics.  In spite of the 
failure of their amendments, all four voted for the measure. 
 
Media Advisor Says Law Important Step in Press Freedom 
--------------------------------------------- --------- 
 
¶4. (C)  Dr. Ayed Al-Mana', advisor to the Kuwait Journalists 
Association and professor at the Public Authority for Applied 
Education and Training, told PolOffs and Political Specialist 
that the key development in the law is found in the role 
given to the courts.  Previously, the Government had the 
final say on the licensing of newspapers.  (Note: No new 
Arabic-language newspapers have been licensed in Kuwait since 
¶1976.  End Note.)  The Ministry of Information still has the 
right to reject or approve license applications, but 
applicants can appeal decisions to the courts.  Furthermore, 
whereas the old law allowed the Government to close down a 
newspaper directly, the new law says only a court can 
temporarily close down a newspaper, and it can only do so in 
response to a request from the Public Prosecutor's office. 
While Al-Mana' predicted that the high financial burden in 
opening a newspaper (350,000 Dinars or over 1.2 million USD) 
would probably inhibit the appearance of more than a few new 
dailies, he thought the law was an important gain for freedom 
of the press. 
 
Opening the Door to Extremist Ideas? 
------------------------------------ 
 
¶5.  (C)  Former journalist Khalid Thiyab Al-Rajhi, on the 
other hand, tells us he foresees a period of "chaos" and the 
degradation of journalistic standards.  He believes that the 
amount of money needed to start a newspaper is not difficult 
for Kuwaitis to gather.  The small size of the Kuwaiti market 
will make competition among the papers brutal.  Al-Rajhi 
thinks the papers will resort to sensationalism and yellow 
journalism in order to attract readership.  More ominously, 
he believes that the legal safeguards and punishments in the 
law are too weak to dissuade determined scoundrels.  For 
instance, if the maximum punishment for unwarranted smearing 
of someone's character is 3,000 Dinars (USD 10290), perhaps 
someone would be willing to pay 6,000 Dinars to the paper to 
run such an article.  (Comment: the slander provisions of the 
law are extremely important in a small country where everyone 
knows everyone and family reputation is extremely important. 
End Comment.)  Whereas the Ministry used to be able to 
 
control licensing and to shut down papers easily, this will 
be more difficult under the new law.  He fears this will lead 
to Iran and other outside interests either founding their own 
papers or influencing the existing ones.  According to 
Al-Rajhi, the party that will suffer the most from the new 
law is the United States, as Islamists and Iranians use their 
new freedom for attacks.  He said it was analogous to the 
situation of popular Arab satellite television stations like 
Al-Manar, Al-Jazeera, and Al-Arabiyya, vis-a-vis Al-Hurra, 
which, he said, no one watches.  Notably, Al-Rajhi still 
favored the law because he believes in the principle of 
freedom of the press. 
 
********************************************* * 
For more reporting from Embassy Kuwait, visit: 
http://www.state.sgov.gov/p/nea/kuwait/?cable s 
 
Visit Kuwait's Classified Website: 
http://www.state.sgov.gov/p/nea/kuwait/ 
********************************************* * 
LEBARON