Although freedom of expression is recognized by law in Kuwait, it is heavily restricted in practice. Kuwait has been struggling with restrictions on free expression for many years; however, since late 2023 and through 2024 serious escalation began under Emir Meshal Al-Ahmad Al-Sabah. Kuwait has been a State Party to the International Covenant on Civil and Political Rights (ICCPR) since 1996, which obligates it under Article 19 to protect freedom of expression and under Article 14 to ensure fair and public trials. In addition, Kuwait, which joined the United Nations in 1963, has adopted the principles of the Universal Declaration of Human Rights (UDHR) and is therefore expected to uphold its guarantees.
In 2021, Kuwait amended its Criminal Procedures Law, following recommendations by the National Assembly and the Emir. The amendment stipulated that preventive detention should not apply to individuals prosecuted for exercising their rights to free expression, including through writing or social media. However, this reform has largely remained theoretical. In practice, the Kuwaiti Penal Code allows authorities to imprison and prosecute critics. This contradiction between law and implementation demonstrates Kuwait’s ongoing failure to honor its international and domestic commitments to free speech.
Kuwait has increasingly used its laws and security framework to silence dissent, punish peaceful criticism, and suppress civic freedoms. Despite constitutional guarantees, authorities continue to prosecute journalists, activists, and ordinary citizens for social media posts or public statements deemed critical of the government, the Emir, or allied states. Human Rights Watch, Amnesty International, and other organizations have documented a persistent pattern of arrest, prosecutions, and harassment of activities, specifically from the stateless Bidoon community, under restrictive laws such as the 1970 National Security Law, the 1979 Public Gathering Act, and the 2015 Cybercrime Law.
Arrests and intimidation have frequently resulted from peaceful activism for Bidoon rights, most notably in 2019 when a protest spurred by a young man’s death over lack of civil documentation, evolved in the detention of at least fourteen campaigners. The government refers to Bidun as “illegal residents” and denies them fundamental rights, while human rights advocates, journalists, and female activists continue to be harassed and threatened.
In 2024, repression deepened as courts sentenced critics like Anwar Hayati, Mohammad al-Bargash, and Adbullah Fairouz to prison for online or public criticism of the government. The Emir’s decision to dissolve parliament and suspend elections for up to four years, further undermined political liberties and used citizenship as a weapon against opposition, depriving at least nine persons of their nationality.
A single tweet or speech could result in punishment due to Kuwait’s growing use of intimidation, denaturalization, and jail to stifle peaceful expression. Free speech is a fundamental human right, it should never lead to imprisonment, loss of nationality, or any other form of retaliation.
