3. The exercise of the rights provided for in paragraph 2 of this article carries with it special duties and responsibilities. It may therefore be subject to certain restrictions, but these shall only be such as are provided by law and are necessary: (a) For respect of the rights or reputations of others; (b) For the protection of national security or of public order (ordre public), or of public health or morals. 33. While freedom of expression can be restricted by law, that is subject to the principle of necessity and proportionality. 34. Relevant laws restricting freedom of expression must meet certain standards of clarity and accessibility. The law must be formulated with sufficient precision that it is possible to foresee in advance what is being prohibited. 35. The United Nations Human Rights Committee has stated in a General Comment on Article 19: The mere fact that forms of expression are considered to be insulting to a public figure is not sufficient to justify the imposition of penalties… [A]ll public figures, including those exercising the highest political authority such as heads of state and government, are legitimately subject to criticism and political opposition… and laws should not provide for more severe penalties solely on the basis of the identity of the person that may have been impugned.2 36. Article 25 of the Kuwaiti Penal Code directly offends the principles outlined by the Human Rights Committee. 37. Moreover, the accompanying charge under the Cyber Crimes Law adds a further layer to the restriction on freedom of expression. 38. Articles 6 & 7 expanded already existing restrictions on print publications to wider dissemination through the internet, in particular targeting social media. 39. As Human Rights Watch warned in 20153, the new law appeared designed to incentivise increased monitoring of Internet use. 40. Further, the charges against Al-Drees specifically state that she “defamed the person of the Emir.” The UN Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression has repeatedly called for an end to the use of criminal defamation laws4: 2 General Comment No 34, Geneva, 2011. Kuwait: Cyber Crime Law a blow to free speech, Human Rights Watch, 22 July 2015. 4 Report of the Special Rapporteur to the UN Human Rights Council, 2012. 3 6