Kuwait’s new media law tightens rules for influencers, advertising, AI, reviews and competitions

Add ARY News on GoogleFollow on Google DiscoverImage Credit|: Social MediaAAResizeKUWAIT CITY: Kuwait’s new media law introduces a comprehensive regulatory framework for social media advocates, promoters, advertisers and others involved in digital promotional activities, covering licensing, advertising disclosure, consumer and child protection, reviews, competitions, gifts and the use of digital technologies and artificial intelligence in content production.

Chapter Eight of the law, comprising Articles 34 to 37 and dealing with the activities of advocates and advertisers on social media platforms, is among the law’s significant new provisions. It addresses the growing influence of social media content on public opinion and consumer behavior and establishes rules for an area that was not specifically covered by earlier legislation to the same extent.

Under the law, its provisions apply to advertisers and promoters — whether citizens, expats or visitors — when their content targets an audience in Kuwait. A license may be required to conduct advertising or promotional activities, whether they are carried out for compensation or without payment. The executive regulations will determine the circumstances, conditions and controls under which a license must be obtained before the activity begins.

Applications for such licenses are to be processed within 60 days, while the license is valid for two years and may be renewed. License holders are required to comply with media content standards and must not violate individuals’ privacy or use their names or images without authorization. They must also clearly identify promotional and advertising content so that audiences can distinguish it from ordinary editorial or personal content.

The law gives the competent minister, in coordination with the relevant authorities, the power to issue decisions establishing professional and ethical rules governing these activities. These decisions may cover disclosure requirements, child and consumer protection, reviews, competitions and gifts, as well as the use of digital technologies and artificial intelligence in producing content.

Importantly, the law states that these rules are to be applied as post-publication accountability standards, in accordance with Article 3, rather than as a system of prior approval. This means the provisions governing influencers, promoters and advertisers are not intended to create prior censorship of their content. Instead, they establish standards against which published content can be assessed and violations addressed after publication.

The law also specifies the administrative consequences for violations of Chapter Eight. Violators may face a warning or reprimand, while the competent ministry may, as an exception to Article 11, suspend or withdraw the promoter’s or advertiser’s license for a period of up to six months, with the suspension or withdrawal renewable, if the person violates the law, its executive regulations or related regulatory decisions. These measures do not affect any other penalties or legal provisions that may apply under the new media law or other legislation.

No advertising without a license, no promotion without disclosure

Chapter Twelve, covering Articles 51 to 53, separately addresses advertising and publicity and seeks to regulate the advertising market while strengthening protection for consumers and the public.

The law prohibits advertisers, promoters and media professionals from publishing advertising, marketing or promotional material, directly or indirectly and through any means, for individuals, products, services, shops, companies, exhibitions or events unless the required license has been obtained from the competent ministry in accordance with the conditions and controls set out in the executive regulations.

The same licensing requirement applies to competitions and the distribution or offering of gifts, whether the activity is conducted for payment or without compensation.

The law also requires advertisers, promoters, media professionals and anyone with an interest in an advertising or promotional campaign to ensure that the material clearly and explicitly identifies itself as advertising or promotional content.

The requirement is aimed at preventing disguised advertising from being presented to audiences as ordinary editorial, personal or independent content.

An exception applies to content published by an establishment through its own website, application or online account, provided that the content falls within the purposes and exceptions specified in Clause 2 of Article 30.

The law’s extension of responsibility to anyone who has an interest in advertising or promotion is designed to prevent the rules from being circumvented through intermediaries.

A person who financially supports, directs or otherwise benefits from a promotional campaign may not necessarily appear in or personally publish the content. By covering those with an interest in the advertising or promotion, the law places responsibility not only on the person appearing before the audience but also on those who stand behind the campaign or benefit from its impact.

The objective is to ensure that consumers can identify the true nature of material presented to them, regardless of who publishes or appears in it.

Minister can prohibit advertising or publicity

The law also gives the competent minister authority to prohibit specific propaganda or advertising through a reasoned decision, subject to the conditions and controls established by the executive regulations.

The requirement that such a decision be reasoned means the prohibition must be based on a stated justification rather than an unexplained decision, providing a basis for the measure to be examined or challenged.

The new framework therefore places greater responsibility on influencers, promoters, advertisers, media professionals and commercial interests involved in digital campaigns. It combines licensing requirements with clear disclosure obligations and establishes regulatory standards for emerging practices such as influencer reviews, online competitions, giveaways and the use of artificial intelligence in producing promotional content.

At the same time, the provisions distinguish between prior censorship and accountability after publication, with Article 3’s principle of freedom from prior censorship continuing to apply to media activities, subject to accountability under the law after content is published.

ISLAMABAD: Deputy Prime Minister and Foreign Minister Senator Mohammad Ishaq Dar, Defence Minister Khawaja Muhammad Asif, and Chief of Army Staff and Chief of Defence Forces Field Marshal Syed Asim Munir will attend a high-level meeting under the Makkah Joint Defence Agreement today in Riyadh, Saudi Arabia. According to a statement issued by the Foreign […]