Yıl:2022   Cilt: 8   Sayı: Özel Sayı   Alan: Tarih

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Legal Regulation of Freedom of Public and Virtual Gatherings in Kuwaiti Law: Analytical Study

Anwar Namchan Mikhlif Al ,Janfawi

Human society in the current era is witnessing unprecedented radical transformations, which resulted in the emergence of the Internet, its spread and the increase in the number of its users, which led to the convergence of users who communicate, interact and exchange opinions and ideas on various issues in a virtual environment that is not linked to geographical borders that restrict them, but the seriousness of this The environment lies in the virtual gatherings that may arise from it among the users of the Internet, aimed at promoting incorrect news, or causing discord among the components of society, or inciting public opinion against the ruling elite. Virtual, which constitutes an attack on public security through virtual gatherings, in Law No. 63 of 2015 on combating information technology crimes. The importance of the topic under study appears in how the Kuwaiti legislator deals with the right of individuals to gatherings in their traditional form, whether represented in public meetings, processions, or permissible gatherings on the one hand, and on the other hand, distinguishing the acts identified by the legislator and considered them to constitute electronic crimes that arise from virtual gatherings through social networking sites. Which, in its entirety, aims at compromising the Kuwaiti public security. Therefore, the structure of the research was built into an introduction, two chapters and a conclusion. As for the introduction, it showed the definition of the topic, its problematic and structure. In the first section, it dealt with the freedom of public assemblies and the conditions for their organization in terms of clarifying the concept of the right of individuals to public gatherings, then examining the legislative regulation of the right of individuals in a public meeting, while the second topic In it, she touched on virtual gatherings and their link to freedom of opinion and expression in the virtual environment, in terms of defining virtual gatherings and clarifying their link to freedom of opinion and expression, then extrapolating crimes against public security in the virtual environment in Kuwaiti Law No. 63 of 2015 on combating information technology crimes. In order to reach a conclusion that includes the most important results and recommendations that have been reached, and one of the most important findings is that what is published in the virtual environment may be done without prior supervision or restrictions, so it is not possible to talk about the need to obtain a prior license in virtual gatherings. Crimes committed in this environment are subject to another legal system. Among his most important recommendations was the recommendation to amend Law No. 63 of 2015 on combating information technology crimes, by canceling the referral contained in Articles Six and Seven to the Press and Publication Law No. 3 of 2006, so that the incoming crimes related to attacks on public security are included in a new legislative text. It is added to the texts of the Anti-IT Crimes Law.

Anahtar Kelimeler: the right of assembly, prior licensing, virtual environment, freedom of opinion and expression, public security


Legal Regulation of Freedom of Public and Virtual Gatherings in Kuwaiti Law: Analytical Study

Human society in the current era is witnessing unprecedented radical transformations, which resulted in the emergence of the Internet, its spread and the increase in the number of its users, which led to the convergence of users who communicate, interact and exchange opinions and ideas on various issues in a virtual environment that is not linked to geographical borders that restrict them, but the seriousness of this The environment lies in the virtual gatherings that may arise from it among the users of the Internet, aimed at promoting incorrect news, or causing discord among the components of society, or inciting public opinion against the ruling elite. Virtual, which constitutes an attack on public security through virtual gatherings, in Law No. 63 of 2015 on combating information technology crimes. The importance of the topic under study appears in how the Kuwaiti legislator deals with the right of individuals to gatherings in their traditional form, whether represented in public meetings, processions, or permissible gatherings on the one hand, and on the other hand, distinguishing the acts identified by the legislator and considered them to constitute electronic crimes that arise from virtual gatherings through social networking sites. Which, in its entirety, aims at compromising the Kuwaiti public security. Therefore, the structure of the research was built into an introduction, two chapters and a conclusion. As for the introduction, it showed the definition of the topic, its problematic and structure. In the first section, it dealt with the freedom of public assemblies and the conditions for their organization in terms of clarifying the concept of the right of individuals to public gatherings, then examining the legislative regulation of the right of individuals in a public meeting, while the second topic In it, she touched on virtual gatherings and their link to freedom of opinion and expression in the virtual environment, in terms of defining virtual gatherings and clarifying their link to freedom of opinion and expression, then extrapolating crimes against public security in the virtual environment in Kuwaiti Law No. 63 of 2015 on combating information technology crimes. In order to reach a conclusion that includes the most important results and recommendations that have been reached, and one of the most important findings is that what is published in the virtual environment may be done without prior supervision or restrictions, so it is not possible to talk about the need to obtain a prior license in virtual gatherings. Crimes committed in this environment are subject to another legal system. Among his most important recommendations was the recommendation to amend Law No. 63 of 2015 on combating information technology crimes, by canceling the referral contained in Articles Six and Seven to the Press and Publication Law No. 3 of 2006, so that the incoming crimes related to attacks on public security are included in a new legislative text. It is added to the texts of the Anti-IT Crimes Law.

Keywords: the right of assembly, prior licensing, virtual environment, freedom of opinion and expression, public security


Atıf İçin

Anwar Namchan Mikhlif Al-Janfawi (2022). Legal Regulation of Freedom of Public and Virtual Gatherings in Kuwaiti Law: Analytical Study. Journal of Strategic Research in Social Science, 8 (SE), 185-206.


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