The constitutional implications of 'monitoring' harmful internet content in Kuwait : an empirical study in light of European Union/United Kingdom and United States regulatory models

This thesis addresses the constitutional implications of monitoring harmful Internet content in Kuwait. The monitoring system is being implemented by Internet service providers (ISPs) who are private actors. This thesis answers key questions about the Kuwaiti system of monitoring in light of Internet self/co-regulatory models in the US, EU, and UK. These questions are: what is the role of ISPs and Internet content providers (ICPs) in the process of monitoring harmful Internet content in Kuwait? Is the Kuwaiti monitoring system based on a legitimate framework that conforms to the 1962 Kuwaiti Constitution and Kuwait's human rights obligations? Are there any mechanisms in the Kuwaiti system to bind ISPs and ICPs by the 1962 Constitution and Kuwait's human rights obligations? In the search for a better model, this thesis has investigated responsive solutions to the problem of 'harmful Internet content' in the US, EU, and UK. It has looked closely at two issues in the selected systems: namely, the liability of ISPs for third party content and the use of self/co-regulation tools by ISPs. This investigation has shed light on the positive and negative impacts of Internet self- regulation on end-user rights to freedom of expression. It has also sought to undertake comparative inquiry into mechanisms for binding ISPs by human rights obligations. The thesis argues that the Kuwaiti system is far removed from the normative legitimacy and efficiency of Internet self-regulation. However, there are lessons to learn from the comparative systems. The thesis therefore presents a number of recommendations for improving current practice to achieve a better approach to self-regulation of Internet content, and Internet governance in Kuwait. It attempts to produce practical recommendations that will fit the limited political and economic climate in Kuwait.EThOS - Electronic Theses Online ServiceGBUnited Kingdo