On September 28, 2026, Tunisian President Kaïs Saied announced the easing of a highly contentious decree related to cybercrime. The decree, known as decree-law 54, had been criticized by various human rights organizations and press freedom advocates. Under the original decree, individuals found guilty of spreading 'fake news' or rumors via information and communication networks could face up to five years in prison and a fine of 50,000 dinars.
The revised decree, as announced by President Saied, removes the prison sentence of up to five years for a first offense. Instead, those found guilty will be required to pay an amende ranging from 10,000 to 20,000 dinars. However, in cases of repeated offenses, individuals can still face up to six months in prison and a fine of up to 50,000 dinars. This change has been seen as a step towards alleviating the pressure on journalists and citizens.
Despite the easing of the decree, many defenders of press freedom, including the president of the Tunisian National Journalists' Union (SNJT), Zied Dabbar, have expressed concerns that this does not signify an end to prosecutions for opinion-based offenses in Tunisia. Journalists in Tunisia are still vulnerable to prosecution under various laws, including the Telecommunications Code, the anti-terrorism law, and the Penal Code.
Reporters Without Borders (RSF) has welcomed the removal of the five-year prison sentence but stated that the revised decree does not go far enough to align with international standards on press freedom. The organization has highlighted that the decree's provisions regarding 'fake news' remain too vague, which has led to several journalists, lawyers, and politicians being prosecuted under this decree since its adoption in 2022.
The original decree-law 54 was adopted in 2022 and has been regularly denounced by non-governmental organizations (NGOs) for its broad and ambiguous definitions, particularly concerning 'fake news'. This has created a challenging environment for journalists and has raised concerns about the potential for abuse of power.
Critics argue that while President Saied's move is a positive step, more comprehensive reforms are needed to ensure that Tunisia's legal framework protects press freedom and does not unduly restrict freedom of expression. The situation remains a subject of concern for human rights organizations and advocates of press freedom.
As of now, there has been no official response from President Saied or the Tunisian government regarding further reforms to decree-law 54 or other related legislation. The international community and human rights organizations continue to monitor the situation closely, urging for more substantial changes that would safeguard freedom of expression and press freedom in Tunisia.
Key points
- Tunisian President Kaïs Saied has eased a controversial decree that previously allowed for up to five years in prison for spreading 'fake news'.
- The revised decree replaces the prison sentence with an amende for first offenses, but critics argue it does not go far enough to protect press freedom.
- Human rights organizations and press freedom advocates continue to call for more comprehensive reforms to Tunisia's laws to ensure the protection of freedom of expression.
