New Publication & Press Law is a farce

I was going to write an article about the changes in Kuwait's new publication & press law, until a professional journalist beat me to it, and expressed my sentiments (in words much better than I could do). Thankfully, journalists in Kuwait still feel they are able to express their opinions. So, if you didn't read this in today's Kuwait Times already...

POLITICAL INSTINCTS
Unanimous betrayal
By Alrazi Al-Budaiwi

All attending 53 members of the parliament voted in favour of the new Publication and Press Law...Wow! This is impressive but at the same time fishy, just like the law itself. I mean, after four years of disagreement, not a single MP voted 'no' or at least abstained. Not a single MP thought that press freedoms should be guaranteed as opposed to shackled by laws. None of them thought that laws should protect journalists instead of placing them in a straightjacket?

We all heard MPs and government officials praising the law after it was passed, calling it a triumphant achievement that Kuwaiti people should celebrate. Well, if the people of this country unanimously celebrate such an achievement, I as a journalist will pass on it and abstain.

The most highlighted "achievement" of this law is that it would reopen licenses for new newspapers-to citizens. However, I'd like to note that the government, represented by the information minister, still has the right to refuse granting a publication license to any applicant. The new law only gives applicants the right to seek the court if their application for a license was denied by the information minister. Although this might be the only "advantage" of the new law, I do not see any festive achievement. In fact, I think the rest of the law, especially concerning punishments against press crimes, is disastrous.

You also probably heard advocates of the new law claiming that it would not allow jailing journalists. Well, just do not get too excited and swallow the bait. According to Article 26 of the new law, "if the publication contradicts the national interests, serves a foreign body or state or breaches the social and political system in Kuwait, then the fine would range between KD 3,000 and 10,000." Although the law does not mention jailing, neither does it say that journalists shall not be jailed. In fact, the law applies a heftier fine in addition to "the implementation of stricter punishments stipulated in another law," which could include jailing. In addition, even if journalists escape jailing, she or he would not escape the exaggerated fines, which will pressure editors-in-chief to practice stricter censorship.

Moreover, the violations mentioned in the law are too vague. I mean what does "contradicts the national interest" mean? If we unanimously agree on what's in favour of the national interest, why do we need democracy? Maybe we need it to deliberate for four years and then unanimously vote to deny journalists their right to express their thoughts about what is of interest for the country.

The same goes for the part about breaching "the social and political system". I mean who draws the lines? Like most journalists, I have a lot of criticisms on the social and political system. In fact, as a journalist I am supposed to be critical of these systems and this law deprives me from an essential freedom that I need to fulfil the obligations of my profession as it threatens me with jailing. Obviously, the law failed to consider the nature of journalism as a profession and thus failed to protect journalists.

Advocates of the law also claim that according to their law, no newspaper will be subjected to closure. Again, do not swallow the bait. They only changed the procedures. Actually, Article 27 of the new law permits the criminal court, instead of the Ministerial Council, to revoke the publication license or suspend the newspaper for a period that does not exceed one year.

Although the law obviously shackles the freedom of press instead of guaranteeing it, I was not outraged when it was unanimously passed. As I said in a previous article, I do not expect any positive change from this National Assembly, not to mention the newly formed Cabinet. However, I was gnashing my teeth when I read a statement issued by the only legitimate institution representing Kuwaiti journalists describing the law as "a significant addition to the country's public freedoms".

Nonetheless, I refuse to give up for anger; therefore, I looked at the bright side: At least now I know why the Kuwait Journalists Association has been the only NGO of its kind recognised by the government.

New hire at NBK

Who said you don't have to be a criminal to work here, but it sure helps...

Court allows banker to work off debt in Kuwait

A SENIOR Brisbane banker facing a lengthy jail term for theft has been allowed to accept a lucrative overseas job to work off his debts before he is sentenced.

Jason Richard Huigens, 39, will soon travel to the Middle East to take up the $190,000 a year position with the National Bank of Kuwait so he can repay the $133,640 he stole from the St George Bank in 2005...

full article link.