Legal Experts: Both Social Media Offenders And Creators Liable

02 July 2024 Kuwait

Legal opinions obtained by a local daily affirm that accountability for offenses committed in social media spaces extends beyond the offenders to those managing or creating these platforms. This clarification follows the re-registration of cases, driven by either new victims filing lawsuits or the identification of previously unnamed offenders in ongoing incidents.

Dr. Ali Hussein Al-Dosari, a law professor at Kuwait University and a lawyer in constitutional and cassation courts, stressed that the primary responsibility for insults on social media lies with the perpetrator. He added that site owners or creators can also be held accountable if the platform facilitates or tolerates insults, unless they actively prevent or are unaware of such behavior. Failure to meet these conditions implicates the owner as complicit in the offense, based on their knowledge and intent.

Dr. Al-Dosari explained that recent legal restrictions empower individuals harmed by online behavior to seek compensation from offenders.

Lawyer Adnan Abel clarified that mere participation in online discussions is not inherently illegal. Legal violations occur when individuals make offensive statements or endorse such statements in violation of Kuwaiti law. The re-registration of cases ensures comprehensive accountability, including previously unidentified offenders.

Dr. Faisal Al-Haider, another legal expert, affirmed that while all participants in social media offenses are implicated, their punishments vary depending on their roles relative to the primary offender.

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