Law became effective after being published in official gazette
KUWAIT: The Ministry of Information released the following law which became effective after it was published in Kuwait Al-Youm – the state’s official gazette – recently. It regulates the process of advertising in the local media in terms of banned topics. The list includes banning tobacco ads, prohibition politically or religiously motivated advertisements, and requiring a ministry license to publish ads for weapons of mass destruction, among others. The following is a full transcript for the new law:
Information Ministry ministerial decision no. 167/2016 with regards to banning publication and broadcast of commercial ads and others.
It is stipulated that to publish or broadcast any commercial advertisement or others in print, newspaper or audiovisual and electronic media the following conditions apply:
* The ad should not violate active legislations.
* The ad should not violate rules of public order or general ethics.
It is not allowed to publish any commercial advertisement or others in printed matter, newspapers and audiovisual and electronic media if they included the following:
* Slogans that glorify countries over others.
* Photos that glorify some political or religious personalities in countries that have political or religious conflicts.
* Slogans that glorify or support some religious or political parties in Kuwait or abroad.
* Compromising national unity, Islamic values and principals and the status of religious symbols.
* Fireworks, explosives, detonators of all types, sound weapons, teargas bombs or those that cause temporary blindness.
* Material of security nature.
* Urging juveniles to commit violence or crimes.
* Harassing children being cared for by the Social Affairs and Labor Ministry.
Derogation of the disabled or discriminating between them and their healthy peers.
* What nurseries are doing in violation of the internal rules that regulate the work of those nurseries, especially ads related to the following:
1. Accepting children who are above four years old.
2. Giving refresher courses for children, or opening a club for them.
3. Opening sports classes inside the nursery.
* Selling books of sorcery.
* Practicing sorcery and healing powers.
* Buying citizens’ civil IDs for underwriting on their behalf in shareholding companies of all types.
* Cigarettes, tobacco and its derivatives.
It is not allowed to publish or broadcast any commercial advertisements or others in printed matter, newspapers and audiovisual and electronic media until after obtaining a license from the interior ministry if they contain the following:
* Selling and dealing with all types of metal and air weapons.
* Selling surveillance cameras and tapping systems.
* Services presented by companies using the interior ministry’s automated systems.
* Weapons of mass destruction (nuclear, chemical, biological).
* Masks or individual protection equipment related to mass destruction weapons, or systems that are related to radiation, chemical or biological gauging.
Publishing or broadcasting any commercial advertisement in printed matter, newspapers and audiovisual or electronic media if they include the following:
* Fund operations and financial facilities such as loans, auto buying or things sold on credit (so called cashing), or payment or debts until after obtaining a prior approval from the commerce and industry ministry.
* Marketing offers related to sales, gifts or free prizes, or collecting funds on behalf of others, or selling real estate out of Kuwait, until after obtaining prior approval from the ministry of commerce and industry.
* Spiritual treatment and healing without licensing from the health ministry.
* Medicines, stimulants, herbs, cosmetics and material related to health mentioned in law 38/2002 until after obtaining a license from the health ministry.
* Publicity from or about an educational establishment, university or unaccredited college without approval from the ministry of higher education or private universities council.
* Offering private lessons for any educational stage, prepare or offer notes, research or model answers until after obtaining a prior license from the education and higher education ministry.
* Holding a charity bazaar in order to collect money or suchlike until after obtaining the approval of the social affairs and labor ministry.
* Collecting donations for local or foreign bodies until after obtaining the approval of the social affairs and labor ministry.
* Renting ships or carrying out sea trips until after the approval of the communications ministry.
* Promoting food prepared in private homes, as well as drinks, until after the approval of the municipality.
The licensed commercial advertisement should include the licensing body and license number in a clearly visible place.
Decrees 50/2010 and 80/2016 shall be null and void.