Human Rights Watch (HRW) has criticized the use of a cybercrime decree in Tunisia, alleging it is being weaponized against political opponents. Among those affected are Chaima Issa of the opposition coalition National Salvation Front, and Sofiane Zneidi from the country’s largest opposition party, Ennahda.
Issued by Tunisian President Kais Saied on 13 September under Decree-Law No. 2022-54, the decree seeks to “prevent offences relating to information and communication systems and their repression”. Yet, according to HRW Tunisia Director Salsabil Chellali, it has been used by the Tunisian authorities to “stifle and intimidate a wide range of critics”. The decree includes fines and prison terms of up to five years for distributing “fake news” and “rumours” which intend to “defame others” and “damage their reputation”. The penalties double if the accused is a Tunisian official.
As per HRW’s findings, the decree’s use has resulted in arbitrary detainments, with over 40 individuals held for extended periods, some even beyond a year, before trials. This use of the decree is reportedly in contradiction to the right to liberty embodied in Article 3 of the Universal Declaration of Human Rights.
Further allegations suggest that the decree’s application to Issa, sentenced by a military court, violated the right to a fair trial protected under the African Charter on Human and Peoples’ Rights.
As highlighted in the HRW report, there are also concerns about breaches in privacy owing to Articles 6 and 9 of the decree, which mandate telecommunications companies to store user data for two years, allowing authorities to access this information “to unveil the truth”.
Chellali noted that the decree could have been implemented for protecting cyberspace and its users by mitigating technological risks and misinformation spread. Instead, it seems to serve as a tool for suppressing political opposition.
Echoing HRW’s concerns, the International Commission of Jurists expressed that the lack of clear definitions and the vague language used in the decree provide authorities with the means to arbitrarily attack freedom of expression.
In light of this situation, HRW urged Tunisian authorities to revoke this decree, release individuals held under its terms, and discontinue all prosecutions for peaceful expression.