"We do our best [to censor the internet] as it is impossible to prevent everyone from accessing websites with destructive content … however, if we succeeded to limit access to 90% of them that will be great!"
Hamed Khajeh, Under-Secretary of Ministry of Communication of Kuwait
General Overview
Kuwait is relatively politically open in comparison with its neighbors in the Gulf. The press is not prohibited from criticizing the government and the governmental officials all the time. Kuwait was ranked the first among 16 Arab countries in respect with the freedom of the press (1). It was in this climate that the internet first emerged in late 90s. Since its beginning, the state has allowed the private sector to provide internet services on one condition. That is to comply with the instructions and conditions set down by the Ministry of Communication (2).
Kuwait has a total population of some 2.4 million including some 1.3 million foreigners with residence status (3). Fewer than 16% of Kuwaitis are illiterate (4). These statistics show why there is easy access to the means of communication in Kuwait . The economic prosperity witnessed by the state was also of significance, the average annual income per capita is 12,706 dollars (5).
Internet and Telecommunications Sector
There are 497,000 land lines and some 2 million mobile phones in Kuwait (6). Given the extensive telecommunications structure, high level of literacy and the economic prosperity in Kuwait it is no surprise that access to the internet is relatively easy.
Internet services are provided by a number of private companies. The most prominent among these are Quality Net ( www.qualitynet.net ) and Fast Telecommunication Co. (www.fasttelco.net ). These companies provide a wide range of service and products including: Dial-up service, Leased Lines, ADSL, and pre-paid cards (7).
The number of internet users in Kuwait has grown rapidly from 150,000 users in December 2000 (8) to some 600,000 users on 31 March 2006 . These latest statistics mean that now some 22.8% of the total population of Kuwait is online.
The growing influence of the internet in Kuwait can be easily noticed through the increase in the number of active blogs in the last two years. These blogs discuss many of the political and social issues taking place in their country which are not covered by the traditional media (9). The power of this community has most clearly been witnessed in recent years in the critical role it played and in forcing the government to acquiesce to the ‘Five Departments Acts' by the ‘orange blogs' campaign. They did this by spreading information, designing materials, and carrying out campaigns including the website www.kuwait5.org . The Act has significantly altered the electoral landscape of Kuwait and is seen as a major step forward by those seeking a more representative parliament.
Communication and Internet Law
In Kuwait the law concerning the internet and websites is covered by the Press Act ( Kuwait has no law which is exclusively concerned with the internet as yet). The new Press Act of 2006 defines a "publication" as: Any writing, saying, cartoon, photo alone or accompanied by music, any other means of expression published traditionally or through any other method, saved in folders, on electronic or compact discs, freely available or in return for a fee (10).
The act prohibits the publication of anything that might prejudice God, the prophets, Prophet Mohammad's family and companions, or the principles of Islamic ideology (11). The act also stipulates that criticism of the acts of the Kuwaiti King is forbidden as is the disclosure of the contents of meetings, papers, and documents which are declared as secret or private.
Despite the restrictive nature of the Press Act it seems that it does not go far enough for some in the government, particularly after the success of the ‘orange blogs' campaign revealed how much influence the internet can have in Kuwaiti society. Some sources revealed that the government is considering the specific inclusion of the internet in a new more restrictive Publications Act. (12).
In one of the sessions of Kuwait Cabinet, a final executive report was submitted to regulate the use of the internet and online publication in Kuwait . The Minister of Information focused only on the most obvious negative phenomena related to the internet and how to deal with it (13). This raised alarm among Kuwaiti activist bloggers as they fear the main purpose of regulations will be to silence them (14).
The ministerial decrees regulate everything related to the internet and entitle the Ministry of Communication to control the service provider companies with respect to the rules for blocking websites.
The state forces internet service providers in Kuwait to install and operate censorship systems to block pornographic, anti-religion, anti-tradition, or anti-security websites, chat services, email, and others. Such systems are also required to be updated periodically. Moreover, the Ministry of Communication should approve the efficiency of the used censorship systems (15).
In addition to these official blocking methods which measures the legitimacy of the service provider company, the same ministry resolution of licensing internet service providers, stipulates that the service provider is committed (upon Ministry request) to install and operate visual censorship systems in the way that the ministry considers appropriate. In this, the costs of installation, operation, and maintenance shall be paid by the service provider (16).
Since the beginning of providing internet service in Kuwait , the government did not establish a strict central censorship system on it. However, the state clearly identified the rules through which this service is supposed to be provided. The government also allowed the service provider companies to freely choose the proper technical procedures of blocking, under the supervision of Ministry of Communication of Kuwait which is responsible for examining the applications submitted to the Ministry of Commerce and Industry in relation with the foundation of individual or private firms to provide internet service to the public (17).
In addition, the Ministry of Communication issued new instructions in 2002 to internet service provider companies instructing them to block political and pornographic websites
Censorship and Blocking
In Kuwait it seems that four main categories of websites are blocked, those with; political, ‘anti-Islamic', ‘extremist-Islamic' or pornographic contents. Such blocking and censorship goes beyond even the highly restrictive Kuwaiti law. There are also questions concerning the extent to which websites are blocked at the behest of the security services.
Blocking of Political Websites:
The most prominent example here is blocking the personal website of the former editor of Al-Watan Kuwaiti newspaper, Mohamed Al-Jassem. On his website, Al-Jassem wrote his opinion on public issues (18).
The website was blocked on July 2005 after the State Security urged some service provider companies to block it, including the Kemez Company (19). Such blocking is illegal as political websites are not proscribed by Kuwaiti law, neither was the method by which the site was blocked proper as the blocking of this website in this way is deemed illegal. Political activists in Kuwait considered the intrusion of State Security this way limits the freedom of expression.
The blocking of Al-Jessem's website was of significant importance and was was discussed in The National Assembly [Kuwaiti Parliament]. National Assembly representative; Ahmed Al-Saadon asked the Minister of Interior about the circumstance under which the website was blocked, he also stated that the steps taken by the Ministry of Interior to implement this was illegal and called for full details of all the similar blockings committed by the Ministry of Interior including all legal documents and evidence concerning the initiation of such actions (20).
The same took place with another personal website of Hamed al-Ali. On 8 August 2005 , Al-Rai Al-Aam newspaper reported that the competent authorities blocked Hamed Al-Ali website within Kuwait upon the requests of the two major internet service providers in Kuwait (21). The reason of blocking Ali's website was claimed to be that the website promotes terrorism. However, many others believed that the website is so shallow on the intellectual level and that it includes false and illogic information (22). For these reasons there is no justification for blocking the website, if the blocking mechanisms could be wickedly changed a little bit. The blocking of the website took place in February 2000 without a court order.
Blocking of ‘Extremist' and Islamist Websites:
The blocking of websites with extremist content is the only case confessed by the authorities. On February 2005, a widespread campaign was launched to block many Islamic websites which are claimed to have extremist content. This campaign took place after a violent clash between security forces and terrorist groups in Kuwait . Hamed Khajeh, Under-Secretary of Ministry of Communication announced that authorities had already blocked three Kuwaiti websites and that the Ministry works in cooperation with State Security officials and internet service provider companies to prevent access to certain non-Kuwaiti websites. However, he refused to identify the number or names of these websites (23).
In spite of these efforts, Khajeh asserted that censorship and blocking devices cannot prevent all users from access to these websites. He stated that they do their best to prevent citizens from browsing the websites including destructive ideas. "If only 90% of users did not access these websites, it will be a great achievement," (24).
Another Kuwaiti citizen complained that his own website is blocked in Kuwait (25) although it does not include any materials prohibited by law. The practical endeavors showed that the website can be accessed only at some service provider companies and nowhere else. This proves that the blocking is not general. Some of those who implemented the practical endeavors to access the website said that the websites blocked in Kuwait in general are the anti-Islamic websites, while other websites including political websites are working properly (26). Some others asserted that contacting the internet service provider companies to protest on the blocking of a website for no clear reason results into positive action, in most of cases (27).
Some reports mentioned that the Kuwaiti Security authorities prohibit access to some websites though most of them were involved in terrorist financing (28). Practical experience within Kuwait proved that the websites blocking policy is not always clear. Many ordinary websites are blocked including a cinematic website for posting a film review on the Palestinian God's Hands movie in addition to some other Israeli movies. The service provider company responsible for this was Quality Net Company (29).
Blocking of ‘Anti-Islamic' Websites:
During the controversial Danish cartoons of Prophet Muhammad (30), the Kuwaiti service provider Fast Telecommunication Company blocked all the weblogs affiliated to the Blogspot website which hosts the majority of Kuwaiti blogs (31). It was claimed that the main reason behind this was that the company was informed that some Kuwaiti blogs hosted on Blogspot (32) were defaming Prophet Muhammad. Few days later, the company allowed access to Blogspot after realizing the actual problem (33).
On September 2006, the website of Secular Kuwait Network ( www.secularkuwait.org ) was penetrated. Secular Kuwait is dialogue website wherein liberal and secular ideas are discussed. The website is severely attacked by Islamists and rightists in Kuwait . The website penetration led to deleting all the files and website administrators failed to back them up. Website administrators accused extremist Islamists with committing this attack (34).
Despite all these cases and factual examples of websites blocking in Kuwait , the policy of blocking and censorship in Kuwait is not as bad as other countries, particularly against political websites. The security forces interference in blocking procedures are being faced with increasing political opposition At the same time, the service provider companies eliminate blocking decisions if acceptable objections are received.
Nevertheless, some National Assembly members, particularly Islamists, do not stop calling for intensifying censorship on the internet. One National Assembly member urged internet service provider companies to block pornographic and immoral websites (35).
Internet Cafés
Though it is difficult to say the exact number of internet cafés currently operating in Kuwait there were almost 300 cyber cafés in Kuwait in 2002 (36).
Internet Cafés are strictly controlled in Kuwait and users in the cafés have no privacy. Ministry resolution no. 70/2002 is the primary document concerning the regulation of internet cafés. The Kuwaiti government claims that these restrictions are meant to protect the public by maintaining both public order and morality.
All basic data of internet café visitors including: name, ID card number, time spent online, time of entry and exit, have to be registered and kept for at least six months. Such data can be seen by the inspector of the Ministry of Communication, on request (37). Internet service cannot be provided for those under the age of 18. Cabins must not be built inside internet cafés for visitors to use and computer screens have to face the door of the café in order to facilitate supervision (38). In addition, visual censorship systems should be installed according to the instructions of the Ministry of Communication.
Inspectors of the Kuwaiti Ministry of Communication are commissioned to visit internet cafés and check that they are complying with the rules. They launched a massive campaign in May 2002 on internet cafés which led to the closure of almost 50 internet cafés across Kuwait . The inspectors claimed that these cafés allowed visitors access to pornographic websites (39).
Despite the high level of supervision of internet cafés by the Kuwaiti authorities, some Kuwaiti NA members including Dr. Faisal Al-Muslim regarded them as ‘wells of corruption tempting youth to commit atrocities'. Al-Muslim called for there to be an increase in the number of inspectors affiliated to official authorities in order to arrest those who violate the law (40).
--------------------------------
1-Al-Qabas newspaper, 6 May 2006 , Freedom House Survey, http://www.alqabas.com.kw/Final/NewspaperWebsite/NewspaperPublic/Article... (visited on 26 May 2006 )
2-Kuwaiti Ministry Resolution no.70/2002on Licensing Internet Service Providers, http://www.qanoun.net/board/showthread.php?t=1142 (visited on 23 May 2006 )
3-Fact Book, CIA publication, http://www.cia.gov/cia/publications/factbook/geos/ku.html (visited on 23 May 2006 )
4-Fact Book, CIA publication – above mentioned
5-International Telecommunication Union, Arab Regional Office, Kuwait – above mentioned
6-International Telecommunication Union, Arab Regional Office, Kuwait , http://www.ituarabic.org/arab_country_report.asp?arab_country_code=16 (visited on 23 May 2006 )
7-Visit www.qualitynet.net for more details
8-Internet World Statistics Website, http://www.internetworldstats.com/stats5.htm (visited on 25 May 2006 )
9-Visit the directory of Kuwaiti blogs on http://www.kuwaitblogs.com
10-Publications and Publishing Act of 2006, http://www.qanoun.net/board/showthread.php?t=1232 (visited on 20 May 2006 )
11-Publications and Publishing Act of 2006, http://www.qanoun.net/board/showthread.php?t=1232 (visited on 20 May 2006 )
12-Blogs codification, Al-Fasieh Blog, http://belkuwaitialfasih.blogspot.com/2006/09/blog-post_1157362682796011... (visited on 8 September 2006 )
13-Blogs codification, Al-Fasieh Blog, http://belkuwaitialfasih.blogspot.com/2006/09/blog-post_1157362682796011... (visited on 8 September 2006 )
14-Blogs codification, Al-Fasieh Blog, http://belkuwaitialfasih.blogspot.com/2006/09/blog-post_1157362682796011... (visited on 8 September 2006 )
15- Visit the directory of Kuwaiti blogs on http://www.kuwaitblogs.com
16-Visit the directory of Kuwaiti blogs on http://www.kuwaitblogs.com
17-Kuwaiti Ministry Resolution no.70/2002on Licensing Internet Service Providers – above mentioned
18-The website of the lawyer Abdul Qader Al-Jasem, http://www.aljasem.org/default.asp?opt=2&art_id=88 (visited 26 May 2006 )
19-Taleea Kuwaiti newspaper, http://www.taleea.com/newsdetails.php?id=5260&ISSUENO=1689 (visited on 26 May 2006 )
20-Al-Saadon Investigates State Security Violations against Al-Taleea, Al-Ommah.org, http://www.alommah.org/home/index.php?option=com_content&task=view&id=10... (visited on 8 September 2006 )
21-Free Opinion Website, 2 October 2005 , comment on authorities demand to block Hamed Al-Ali website, http://www.raihur.com/index.php?p=87 (visited on 24 May 2006 )
22-Free Opinion Website, 2 October 2005 , comment on authorities demand to block Hamed Al-Ali website, http://www.raihur.com/index.php?p=87 (visited on 24 May 2006 )
23-Diana Elias, Kuwait blocks sites that incite violence, USA Today, http://www.usatoday.com/tech/news/techpolicy/2005-02-08-kuwait-websites_... (visited on 8 September 2006 )
24-Diana Elias, Kuwait blocks sites that incite violence, USA Today, http://www.usatoday.com/tech/news/techpolicy/2005-02-08-kuwait-websites_... (visited on 8 September 2006 )
25-A citizen pseudonym "nawary" at Sawalif Soft Web forum, complaining from blocking his website http://www.islamcvoice.com/mas/index.php , which we could not access within Egypt while preparing this study, http://www.swalif.net/softs/archive/index.php/t-59710.html (visited on 26 May 2006 )
26-A citizen pseudonym "nawary" at Sawalif Soft Web forum, complaining from blocking his website http://www.islamcvoice.com/mas/index.php , which we could not access within Egypt while preparing this study, http://www.swalif.net/softs/archive/index.php/t-59710.html (visited on 26 May 2006 )
27- A citizen pseudonym "nawary" at Sawalif Soft Web forum, complaining from blocking his website http://www.islamcvoice.com/mas/index.php , which we could not access within Egypt while preparing this study, http://www.swalif.net/softs/archive/index.php/t-59710.html (visited on 26 May 2006 )
28-Abwar Al-Yassien, Al-Watan Saudi newspaper, http://www.alwatan.com.sa/daily/2005-07-28/culture/culture06.htm (visited on 26 May 2006 )
29-Tag Hanak blog, http://digressing.blogspot.com/2005/01/blog-post_110641112324881809.html (visited on 27 May 2006 )
30-To know more about this visit Wikipedia website, http://en.wikipedia.org/wiki/Jyllands-Posten_Muhammad_cartoons_controver... (visited on 24 May 2006 )
31-http://kuwaitjunior.blogspot.com/2006/01/blog-post_21.html (visited on 28 May 2006)
32-http://q8-direct.blogspot.com/2006/01/blog-post_27.html
33-http://q8-direct.blogspot.com/2006/01/blog-post_27.html
34-Eliminate Dualism, Al-Safa Space blog, http://kuwaitjunior.blogspot.com/2005/03/blog-post_18.html (visited on 8 September 2006 )
35-Islam Online website, the respond of Al-Anbaa Al-Kuwaitia newspaper to NA member Waleed Al-Tabtai, http://www.islamonline.net/Arabic/news/2001-01/02/article16.shtml (visited on 29 May 2006 )
36-Al-Jazeera Saudi newspaper, 21 May 2005 , Kuwait closed 50 Cyber Cafés in a campaign against pornographic websites, http://www.al-jazirah.com.sa/evillage/21052002/nn137.htm (visited on 26 May 2006 )
37-Kuwaiti Ministry Resolution no.70/2002on Licensing Internet Service Providers
38-Kuwaiti Ministry Resolution no.70/2002on Licensing Internet Service Providers
39-Al-Jazeera Saudi newspaper, 21 May 2005 , Kuwait closed 50 Cyber Cafés in a campaign against pornographic websites – above mentioned
40-Al-Muslim: Billiard Halls and Cyber Cafés are Wells of Corruption, Al-Ommah.org, http://www.alommah.org/home/index.php?option=com_content&task=view&id=11... (visited on 8 September 2006 )
