Tortious liability of mass media for the invasion of personal rights: A comparative study between English law and Kuwaiti law

Abstract

The importance of this research is attributed to the significant role of the media in our lives, since it is considered to be one of the most important sources of knowledge in all cultural, educational, political, economic and social fields. Media is also used by people in attempts to uphold their freedoms and safeguard their rights. The honest expression of democracy is a salient feature of its existence, and it is also the main means by which the people's participation in decision-making and oversight is achieved. Therefore, the media cannot perform its role in a perfect manner without living in a climate based on freedom of opinion and expression.

In return, such freedoms are restricted by legal conditions in order to avoid excesses by the media, and for which, according to the rules of Tort, it is accountable for any encroachment. The rules of Tort state that damage caused to a third party places an obligation on the perpetrator of that damage to compensate for it.

The freedom of the media and the right to expression of opinions and criticism on one hand, should be balanced against attempts to maintain the sacredness of private life on the other. This research is a comparative study between English and Kuwaiti law in the protection of personal rights and freedom of expression, and the rules and cases of Tort by the media.