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of Act No. 24 of 1962 as well as article 6 of Decree Law No. 42 of 1978, which
prohibits association and clubs, including sporting clubs, to “interfere in politics or
in religious disputes or arouse partisan feelings on the basis of race, religious
community or doctrine”. The Kuwaiti Criminal Code also contains general
provisions criminalizing the dissemination of harmful ideas that could affect the
country’s social and economic order. With regard to religion, article 19 of Act No. 3
of 2006 forbids any encroachment upon divinity, the Koran, the Prophets or the
companions or wives of the Prophet, while article 11 of Act No. 61 of 2007
prohibits broadcast license holders from broadcasting or rebroadcasting material
that could encroach upon, mock or defame divinity or theology.
28. The Government also mentioned article 1 of Decree Law No. 19 of 2012,
which prohibits: advocacy or incitement of hatred or contempt for any social group
by any means of expression; provocation of sectarian or tribal factionalism;
promotion of an ideology based on the superiority of any race, group, colour,
national or ethnic origin, religious confession or lineage; encouragement of any act
of violence to that end; and the dissemination, propagation, printing, broadcasting,
retransmission, production or circulation of false rumours li kely to lead to any of
the above. According to article 2 of the same Decree Law, anyone who commits an
act in contravention of the provisions of article 1 shall be liable to a term of
imprisonment of up to 7 years and/or payment of a fine between 10,000 an d 100,000
Kuwaiti dinars.
29. The Government highlighted several provisions in criminal law designed to
combat intolerance, stereotyping, stigmatization, discrimination, incitement to
violence and violence against persons based on religion or belief. These provisions
include: articles 109 to 111 and 113 of Act No. 16 of 1960; article 7 of Cybercrime
Act No. 63 of 2015; and articles 19 and 21 of the Press and Publications Act No. 3
of 2006. The Government also stressed the right of persons who have been harm ed
as the result of an unlawful action to demand compensation for the damages
suffered, as enshrined in the Decree Law No. 67 of 1980.
F.
Morocco
30. The Government of Morocco reported on the legal framework that aims at
addressing discrimination in general, including Law 34-09 of 2 July 2011 related to
the health-care system and access to health, the internal regulation of hospitals of
2011, the new strategy 2012-2016 for mental illness, the national AIDS strategy and
the access for migrants, refugees and asylum seekers to health services.
31. The Government referred to article 308-5 of the Penal Code, which sanctions
incitement to racial discrimination or hatred. The provisions were strengthened by
article 431-1-1, which defines hatred as contempt and aversion to persons for reason
of their race, religion, sex or colour. The Government also indicated that three bills
regarding asylum, immigration and trafficking are currently being discussed.
Moreover, Law No. 83.13, related to audiovisual communicati ons, forbids:
advertising that could advance negative stereotypes about women; discriminatory
advertising related to race, sex, nationality and religion; advertising that is
degrading to the dignity of the people; violent advertising; and advertising that
incites prejudicial behaviour with regard to the health, the security of people or
goods or environmental protection. Furthermore, article 39 bis of the Press and
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