Kuwait Defamation Laws: Civil & Criminal

Defamation in Kuwait is treated as both a civil wrong and a criminal offence. Criminal defamation and insult sit in articles 209 and 210 of the Penal Code (Law No. 16 of 1960), online defamation is reached through the Cybercrime Law (Law No. 63 of 2015), and a victim can claim compensation for harm to reputation as a tort under the Civil Code (Law No. 67 of 1980).

What counts as defamation in Kuwait

Kuwaiti law distinguishes defamation from insult. Article 209 of the Penal Code (Law No. 16 of 1960) covers defamation, meaning ascribing to a person, in a public place or before someone other than the victim, an incident that would expose the accused to punishment or harm their reputation. Article 210 covers insult, meaning words that wound a person's honour or dignity without attributing a specific incident. The law reaches written, spoken, and electronic statements, and online conduct is additionally captured by the Cybercrime Law. Courts have generally held that liability requires a statement communicated to a third party that lowers the person in the estimation of others, with the relevant article determining whether the conduct is defamation or simple insult.

Criminal defamation and penalties

Criminal defamation in Kuwait is set out in the Penal Code. Under article 209, defaming a person publicly, or before a person other than the victim, by ascribing to them an incident that harms reputation, is punishable by imprisonment for up to two years and a fine, or by one of those two penalties. Under article 210, publicly insulting another in a way that wounds honour or dignity, without attributing a specific incident, is punishable by imprisonment for up to one year. The fine figures in the original 1960 translation are stated in the currency of the time, and current editions of the Code denominate penalties in Kuwaiti dinars; the precise current fine ceilings are best confirmed against the up-to-date Arabic text. Separate, harsher provisions apply to insulting the Emir and to offending religion.

Watch out: The fine amounts in the widely circulated 1960 English translation appear in an older currency unit, so do not rely on those figures as the current dinar fine; confirm against the present Arabic gazette text or qualified local counsel.

Online defamation and the Cybercrime Law

Online defamation, insult, and contempt in Kuwait are addressed by the Cybercrime Law (Law No. 63 of 2015), which came into force in January 2016 and contains 21 articles. The law extends offences relating to publication, insult, and contempt to internet-based media, and applies the Penal Code and Press and Publications Law provisions to online conduct. Press-freedom monitors, including ARTICLE 19 and Human Rights Watch, have criticised the law as broadly drafted, noting that article 6 penalises content showing contempt for the Constitution or the judiciary, and that article 7 sets a maximum of up to ten years imprisonment for using the internet to incite the overthrow of the regime. A defamatory social-media post can be prosecuted under this law in addition to the Penal Code.

Watch out: Kuwait's Cybercrime Law and the related Press and Publications Law sweep more broadly than ordinary defamation, so online criticism can engage offences (such as insulting the Emir or the judiciary) that go beyond a private reputation claim.

Defences

Kuwaiti defamation law is narrower on defences than common-law systems. Truth can operate as a defence chiefly where the statement concerns a public official and relates to the performance of public duties, allowing the defendant to prove the accusation; for purely private matters, truth is generally not a freestanding defence. Statements made by litigants in the course of legal defence before courts and investigating authorities, and good-faith reports of wrongdoing to the proper authorities, are generally not treated as defamation. The absence of publication to a third party, and the lack of the required intent, may also defeat a charge. A defendant relying on any exception should expect to plead and prove it.

Civil liability and remedies

Beyond the criminal route, a person defamed in Kuwait can sue for civil damages under the Civil Code (Law No. 67 of 1980), under which anyone who commits a wrongful act causing harm to another is obliged to compensate that harm, whether the harm is material or moral. A civil claimant must generally show a fault, damage, and a causal link between them. Moral damage covers injury to honour, reputation, and dignity. Awards are assessed by the court rather than fixed by a published cap, and a victim may also claim compensation as a civil party within the criminal case. In a criminal defamation case the outcome is imprisonment, a fine, or both, while the civil action is what produces a money award to the victim.

Limitation and how a claim is brought

Defamation against a private individual in Kuwait is generally prosecuted on the complaint of the victim, who files a complaint that the Public Prosecution may take forward to the criminal courts. A civil claim for damages is filed in the civil courts or joined to the criminal proceedings as a civil action. As of 2026, the relevant time limits run from the Penal Code and Code of Criminal Procedure for the criminal complaint and from the Civil Code limitation rules for the damages claim, so a person who believes they have been defamed should act promptly. Many disputes begin with a formal demand for an apology, correction, and removal of the content before any complaint or suit is filed.

Frequently Asked Questions

Is defamation a crime in Kuwait?

Yes. Defamation in Kuwait is a criminal offence under article 209 of the Penal Code (Law No. 16 of 1960), punishable by up to two years imprisonment and a fine, or one of the two. Public insult under article 210 carries imprisonment for up to one year, and online conduct is also covered by the Cybercrime Law of 2015.

What is the punishment for defamation in Kuwait?

Under article 209, defamation that harms a person's reputation is punishable by up to two years imprisonment and a fine, or one of those penalties. Public insult under article 210 carries imprisonment for up to one year. Online defamation can be prosecuted under the Cybercrime Law (Law No. 63 of 2015).

Is online defamation illegal in Kuwait?

Yes. The Cybercrime Law (Law No. 63 of 2015) extends defamation, insult, and contempt offences to internet-based media and applies Penal Code and Press Law provisions to online conduct. Press-freedom groups have criticised the law as broadly drafted.

Can you sue for defamation in Kuwait?

Yes. A person harmed by defamation can claim damages under the Civil Code (Law No. 67 of 1980), which obliges a wrongdoer to compensate harm, including moral harm to honour and reputation. The civil claim can be filed in the civil courts or joined to a criminal case.

Is truth a defence to defamation in Kuwait?

Only in limited situations. Truth can operate as a defence mainly where the statement concerns a public official and relates to their official duties, allowing the defendant to prove the accusation. For purely private matters, truth is generally not a complete defence.

What is the difference between defamation and insult in Kuwait?

Article 209 (defamation) covers ascribing to a person a specific incident that harms their reputation, carrying up to two years. Article 210 (insult) covers words that wound honour or dignity without attributing a specific incident, carrying up to one year.

What is the Cybercrime Law in Kuwait?

The Cybercrime Law (Law No. 63 of 2015) took effect in January 2016 and has 21 articles. It applies publication, insult, and contempt offences to online media; article 6 covers contempt for the Constitution or judiciary, and article 7 sets up to ten years for inciting the overthrow of the regime.

Is insulting the Emir the same as defamation in Kuwait?

No. Insulting the Emir is a separate and more serious offence, distinct from ordinary defamation between private individuals. Ordinary defamation and insult are governed by articles 209 and 210 of the Penal Code and the Cybercrime Law.