02/07/2024
02/07/2024
KUWAIT CITY, July 2: Legal opinions obtained by a local daily confirm that accountability for offenses committed in social media spaces extends not only to the offenders but also to those responsible for managing or creating these spaces. This clarification comes in the wake of re-registrations of such cases, which occur for two main reasons: either a new victim has filed a lawsuit, or new offenders, previously not included in the initial conviction, have been identified in the same incident.
Dr. Ali Hussein Al-Dosari, a professor of law at Kuwait University and a lawyer in the constitutional and cassation courts, emphasized that the primary responsibility for insults in these spaces lies with the person who initiates them. He noted that the owner or creator of the site can also be held accountable if the space was intended for directing insults, unless they can prove otherwise, such as refusing the insult when it occurs or being unaware of it. If these conditions are not met, the owner is considered complicit with the offender because the crime is based on knowledge and intent.
Dr. Al-Dosari explained that the new restrictions on such cases stem from the right of any person who feels harmed to seek compensation from the offender.
Lawyer Adnan Abel highlighted that merely being present in discussion spaces is not a legal violation. Legal violations occur when individuals make offensive statements or support such statements in ways that contravene Kuwaiti law. The re-registration of cases ensures that all offenders, including those not previously named, are held accountable.
Dr. Faisal Al-Haider, another legal expert, confirmed that the criminal act in these cases includes all participants, but their punishments differ from those of the primary accused who committed the offense.