Zohour Al-Mashriqi

Tunis — International charters and conventions uphold freedom of opinion and expression, stating that everyone has the right to enjoy this freedom. However, in September 2022, Tunisian President Kais Saied signed Decree No. 54, which, according to its text, aims to combat false information and rumors online.

Article 24 of the decree stipulates imprisonment of up to five years and a fine of up to 50,000 dinars for anyone publishing such information. The sentence is doubled if the offending statements are made by a government employee. Three years after its issuance, the Tunisian National Journalists Syndicate describes the decree as “repressive” and “infamous,” calling it an obstacle to the work of journalists and activists. The syndicate has been fighting since its enactment to amend or repeal it.

Journalists fear that a law supposedly meant to protect people has turned into a tool for pressure and restriction — after decades of resistance and the 2011 revolution that granted Tunisians freedom of expression and opinion. But it seems that dream remains unfulfilled.

Activists say that the return of “tongue censorship” out of fear of this decree is alarming. They criticize the authorities’ portrayal of the law as an attempt to combat online violence and promote a safe digital environment, arguing instead that it is in reality a new form of censorship.

Tunisians fear that the law may become an instrument of control and tyranny. They argue that Decree No. 54 not only violates international conventions and treaties that Tunisia has ratified but also undermines the revolution’s highest ideals: freedom of expression, opinion, and the press.

 

Everyone Is a Victim of the Law

Commenting on the issue, Ghufran Al-Rajhi, a human rights activist from the organization Intersection for Freedoms, stated that Decree 54 is one of the worst legal instruments ever introduced, describing it as a dangerous judicial tool responsible for numerous imprisonments. “It has spared no one — journalists, activists, politicians — it has affected all social groups and roles. Even ordinary citizens have become victims of this decree, which was enacted during an exceptional period and continues to this day despite protests demanding its repeal,” she said.

She added, “It’s not just prominent figures who have suffered; there are also hidden victims the media hasn’t covered, whose voices haven’t been heard. Our organization has been working for a year to reach out to victims and their families. Some are imprisoned over a single social media post containing critical remarks. We try to document their stories and denounce the arrests. It’s unjust for anyone to be imprisoned for their opinion. The revolution was fought for freedom of expression — Tunisians died for this right — and it’s unacceptable that we are now imprisoned for dissent.”

Al-Rajhi emphasized that Intersection for Freedoms seeks to reach victims who can defend themselves: “We are here not only to expose the reality and denounce violations against the constitutional right to free expression but also to provide actual support — legally, or even through spreading their stories on social media daily — to remind imprisoned men and women that they are not alone.”

She further noted that imprisonment exacerbates the economic hardship many families face, particularly in Tunisia’s impoverished interior regions, where poverty and unemployment prevail. The organization, she said, strives to reach victims in these areas to ensure their right to fair trials.

 

She concluded that since Tunisia is a signatory to international treaties that protect human rights and allow for the defense of victims, “it is vital to continue advocating for and seeking justice for them.”

 

Silencing Criticism and Dissuading Free Voices

Three years after the issuance of the infamous Decree 54, human rights and feminist activist Janine Al-Tlili describes it as a tool for silencing criticism and deterring free voices from expressing opinions on public affairs and national issues. She argues that the decree aims to suppress speech — as evidenced by multiple imprisonments of both men and women — including lawyer Sonia Al-Dahmani, who faces five separate cases, most of them related to the decree, as well as many lesser-known voices ignored by the media.

 

She reminded that the decree was issued during an exceptional political situation, which, in her view, makes its continued enforcement unjustifiable. “It has contributed to the suppression of activists and citizens due to their political and social views,” she said.

According to Al-Tlili, the decree has even reached the artistic sphere, targeting artists such as caricaturist Rachad Tamboura, who was imprisoned for two years over a drawing accused of insulting the president and spreading false information — a clear violation of Article 27 of the Universal Declaration of Human Rights, which affirms that everyone has the right to freely participate in the cultural life of the community, to enjoy the arts, and to share in scientific advancement and its benefits.