On Wednesday, the Court of First Instance in Tunis ruled to sentence Tunisian journalists Mourad Zghidi and Borhen Bsaiss to one year in prison for disseminating false news that undermines public security. This resolution came under Decree 54, a law tailored to punish the usage of communication systems that foster the spreading, writing, and production of unfounded news and rumors, which can cause harm to public safety and defame others.
A court’s spokesperson highlighted that the actors were found guilty on multiple charges. Broadcaster Borhen Bsaiss received a six-month sentence for utilising communication and information systems to spread false news and data with the aim of infringing upon other’s rights and disrupting public security. He was allocated an additional six months for falsely attributing data and unproven facts with the intent of slandering others, damaging their reputation, and causing them financial and moral harm. Mourad Zghidi, another broadcaster, received a six-month sentence for similar offenses.
The spokesperson also emphasized that these actions undermined public order and stated that while freedom of press and speech are protected by laws, this protection does not extend to the propagation of rumors and false information or actions that harm others’ reputations.
The judgment was met with dissenting reactions from Tunisian journalists who gathered in front of the court on Wednesday to show support for the convicted journalists and express disapproval for the application of Decree 54.
Members of the Independent High Authority for Audiovisual Communication in Tunisia (HAICA) shared a press release on Thursday urging for the release of the journalists and the repeal of Decree 54.
Just two weeks prior to their sentencing, Bsaiss and Zghidi were arrested and placed into pre-trial detention. They were questioned about their media statements and social media posts, some of which date back to 2020. During the same day of their arrest, police officers raided the headquarters of Tunisia’s bar association, triggering large-scale protests from lawyers who described the action as a violation of criminal procedures and law, and an unprecedented escalation against their community.
These developments continue to raise questions about the balance between freedom of speech, press liberty, and security concerns within the region.