On Tuesday, July 18, the International Commission of Jurists (ICJ) issued a report condemning the law on fake news introduced by Tunisian President Kais Saied last year. The law, Decree 54, is a violation of international law and an assault on free speech, the Geneva-based rights group said, demanding its immediate revocation and the release of all persons charged under it so far.
The ICJ claimed that the law criminalizes free speech and “enables the authorities to exert unwarranted control over what people say, including politicians, journalists and human rights defenders.”
The report is based on the analysis of 14 lawsuits filed under the Decree since its adoption in September last year. It concludes that “affected individuals have been subjected to harassment, investigation, criminal charges, persecution and imprisonment,” and been denied “freedom of expression, freedom of peaceful assembly, and liberty and security.”
Saied’s move to dismiss Tunisia’s elected government in July 2021 and force a new constitution without popular approval last year has led to widespread opposition to his rule. The regime has responded with widespread repression of political opponents, alleging that they are corrupt and inefficient. Rights groups have accused Saied of silencing all voices of dissent in the country.
Decree 54 criminalizes the spreading of false and fake information online. Anyone found spreading misinformation can be punished for five years in prison under the law. In case the misinformation relates to a government official, the maximum punishment is 10 years. However, the ICJ and other human rights groups in Tunisia and elsewhere have pointed out that the law does not define what constitutes “fake or false news,” giving authorities a free hand to target political opponents.
More than a dozen Tunisians, including some journalists, have been facing criminal charges under the law. The ICJ noted that its implementation also violates international law and basic human rights due to the increasing use of military courts to try civilians.
Tunisia’s journalists union and other human rights groups have alleged that since its adoption, the decree has been used by the government to scuttle the freedom of speech and expression.
Mahdi Jlassi, the head of Tunisia’s journalists union, told Reuters in September last year that the “decree is a new setback for rights and freedoms. The penalties for publishing in any networks are a strong blow to the revolutionary values that granted freedom to all journalists and all Tunisians.”
He had said that the law is reminiscent of the rule of long-term authoritarian leader Zine Abidine Ben Ali, who used similar tactics to suppress dissent before being thrown out of power by the people during the 2011 popular uprising.
