The Tunisian government has published a new decree-law, numbered 1 of 2026, which modifies Decree-law 54 of 2022. This decree-law, published in the Journal officiel de la République tunisienne on September 30, 2026, aims to redefine the sanctions applicable to certain infractions committed through information and communication networks. The new text modifies Article 24 of Decree-law 54.
According to the new Article 24, individuals who intentionally use information and communication networks to produce, transmit, publish, or spread false information, data, or documents, with the aim of harming others' rights, national security, or defense, or spreading terror, will face fines ranging from 10,000 to 20,000 dinars. The same penalty applies to those who spread rumors, false information, or documents containing personal data to defame others or incite aggression.
The new decree-law also stipulates that in cases of recidivism, the penalties will increase to six months of imprisonment and a fine of 50,000 dinars. Additionally, if the targeted individual is a public agent or equivalent, the penalties will be doubled. The decree-law also clarifies that the provisions of Article 53 of the Penal Code regarding recidivism do not apply to the infractions outlined in this article.
This amendment comes after a meeting of the Council of Ministers, held on September 29, 2026, under the presidency of President Kaïs Saïed. During this meeting, a draft decree-law modifying Decree-law 54 of 2022 was examined. The government aims to regulate the use of information and communication networks and combat the spread of false information.
The new decree-law targets individuals who intentionally use information systems to spread false rumors, information, or documents, or attribute false facts to others, with the aim of defaming them or causing material or moral harm. The decree-law seeks to balance the right to freedom of expression with the need to protect individuals and national security from harm.
Human rights groups and civil society organizations have expressed concerns about the potential impact of this decree-law on freedom of expression in Tunisia. They argue that the provisions may be used to suppress dissenting voices and restrict the exchange of ideas. However, the government maintains that the decree-law aims to protect citizens and national interests.
The amendment of Decree 54 reflects the ongoing efforts of the Tunisian government to regulate the use of information and communication networks and address the challenges posed by the spread of false information. The decree-law is expected to have significant implications for online expression and the media landscape in Tunisia.
Key points
- The Tunisian government has amended Decree 54 to redefine sanctions for spreading false information and hate speech through information and communication networks.
- The new decree-law sets fines ranging from 10,000 to 20,000 dinars for individuals who spread false information with the aim of harming others' rights or national security.
- In cases of recidivism, the penalties will increase to six months of imprisonment and a fine of 50,000 dinars.
