Press freedom and political detention
The public argument in Tunisia is about Decree-Law 54, but the two journalists sentenced to prison in 2026 were convicted under an older text, article 86 of the Telecommunications Code, and the promised amendment of 54 still has not reached a vote.

President Kais Saied signed Decree-Law 54 on 13 September 2022, presented as a law against cybercrime. Its article 24 punishes with five years in prison and a 50,000 dinar fine anyone who deliberately uses communication networks to spread false news, rumours or falsified documents to harm the rights of others, public security or national defence, or to spread terror among the population. The penalty doubles when the target is a public official. It replaced Decree-Law 115 of 2011, which had abolished prison for defamation.
Nawaat's blogs section reports an SNJT count of more than 60 journalists, lawyers and political opponents prosecuted under Decree-Law 54 since the end of 2022. Yet both 2026 prison sentences came under a second, older text. Article 86 of the Telecommunications Code carries one to two years for knowingly harming or disturbing others over public telecommunications networks. The Tunis court of first instance gave Zied El-Heni a year under it on 7 May 2026 for criticising a judicial decision, and the appeal court upheld it on 26 June.
The broadcaster Haythem El Mekki was given a year in prison by the Sfax Court of Appeal, over a social-media post about the Habib Bourguiba university hospital in Sfax. The court of first instance had dismissed the case. He made the ruling public on 15 July 2026. He says the prosecution was opened under Decree-Law 54 but the conviction pronounced under article 86. The SNJT objected to that change and called for a cassation appeal, with no outcome reported.
A third case from July 2026 does not fit the free-expression frame. Abdennaceur Aouini, a lawyer and political activist, was given a year on appeal in Tunis. A judicial source told the state agency TAP that the ruling, which the source dated 15 July, was a common-law matter and not political. On that account he tried to enter a home at night with a group that included an armed man. Directinfo reported the same conviction differently on 16 July 2026: an old dispute with a lawyer who withdrew his complaint.
Faouzi Daas, who chairs parliament's General Legislation Committee, said in January 2026 that revising Decree-Law 54 would head the session's agenda. Article 24 and its heavy penalties were expected to be the central question. The agenda he announced was Decree-Law 54, not article 86. No revision has reached a vote since. A presidential pardon on 23 July 2026 covered 2,439 prisoners, but the presidency gave numbers and no names, so it does not show whether El-Heni was released.
”I am ready to be tried for the facts held against me, but exclusively within the framework of Decree-Law 115 of 2011 on press freedom. Outside that framework, I consider myself a political prisoner”
The numbers
What the comparison shows
Where they agree
Zied Dabbar and Faouzi Daas both say Decree-Law 54 must be revised, one for the journalists' union and one for the parliamentary committee that would do the revising. Nobody here defends the text as it stands.
Where they split
El-Heni and El Mekki draw opposite conclusions from the same swap of legal texts. El-Heni will accept a trial only under the 2011 press law, and calls himself a political prisoner outside it. El Mekki says moving his charge from Decree-Law 54 to article 86 changed the legal basis and not the repressive logic. Dabbar wants the statute revised, and his union asked for El Mekki's conviction to be quashed on cassation. Trifi treats the prosecutions, the dispute over prison visits and the criminalising of civic work as one political pattern, not separate criminal cases.
What nobody is saying
The whole public argument is about Decree-Law 54, yet neither journalist sentenced to prison in 2026 was convicted under it. El-Heni was convicted under article 86 of the Telecommunications Code from the start. El Mekki says his own prosecution was opened under Decree-Law 54 and requalified under article 86 before the Sfax appeal court convicted him, and the SNJT protested that switch. Nobody here, the SNJT included, has proposed amending the Telecommunications Code alongside Decree-Law 54.
Who says what
Dabbar's demand is legislative rather than case by case: Decree-Law 54 must be revised without delay, because its use has spread from cybercrime into matters of opinion and expression. His union also opposes the courts' recourse to article 86 of the Telecommunications Code and insists press cases belong under Decree-Law 115 of 2011.
”l'élargissement de ses usages dans les affaires d'opinion et d'expression représente un danger pour l'avenir de la profession journalistique”the widening of its uses into matters of opinion and expression represents a danger for the future of the journalistic profession
El Mekki announced his own conviction and read it as a message to critical voices. He says he has faced three judicial summonses since 2023, all of them tied to his broadcasts and his posts. On the Sfax case he says the first instance dismissed it before the appeal court convicted him, and that although the prosecution was opened under Decree-Law 54 the judgment rested on article 86, a change of legal basis that on his account does not alter the repressive logic. He had been living in France for several weeks when the verdict came.
”Aujourd'hui, Haythem est condamné à un an de prison. Le message a été bien reçu.”Today, Haythem is sentenced to a year in prison. The message has been well received.
El-Heni's argument is jurisdictional. He says he is willing to be tried for the facts alleged against him, but only under Decree-Law 115 of 2011 on press freedom, and that outside that framework he considers himself a political prisoner. He first refused to appeal his one-year sentence, calling the refusal an act of resistance rather than an admission of guilt, and calling his detention arbitrary and the proceedings illegitimate. On 14 May 2026 he reversed that refusal and lodged an appeal, saying his supporters had asked him to keep the fight going, while holding to his rejection of any trial outside Decree-Law 115. The appeal court upheld the sentence on 26 June 2026.
”Je suis prêt à être jugé pour les faits qui m'ont été reprochés, mais exclusivement dans le cadre du décret-loi n°115 de l'année 2011 relatif à la liberté de la presse. En dehors de ce cadre, je me considère comme un détenu politique”I am ready to be tried for the facts held against me, but exclusively within the framework of Decree-Law 115 of 2011 on press freedom. Outside that framework, I consider myself a political prisoner
Trifi frames the prosecutions as a single political pattern rather than a series of separate criminal cases, and says civic and political work is being criminalised. He rejects the Ministry of Justice's accusation that the league breached the 2015 memorandum on prison visits, says the LTDH has never violated it or circulated false information, and objects to prisons being made hermetically closed places.
”le pouvoir politique en place n'écoute que lui-même et jette en prison quiconque n'est pas d'accord avec lui”the political power in place listens only to itself and throws in prison anyone who disagrees with it
Taking over as chair of the General Legislation Committee, Daas said in January 2026 that amending Decree-Law 54 would head the agenda of the current session. He accepted that the way the decree has been applied has narrowed the political and media space, and pointed to the many prosecutions brought against citizens under it. His committee planned a series of wide hearings with the government, the SNJT, the bar, the magistrates' association, experts and civil society, with article 24 and its heavy penalties expected to be the central question.
Latif's account is not about courts at all. Telvza TV published a text on 20 July 2026 announcing that it was suspending its broadcasts, citing continued pressure and practices by the National Broadcasting Office and the absence of any real response from official bodies to the problems raised. The channel said the suspension would hold until an official body stepped in and listened to its demands. Latif posted the text on his Facebook page as a message to the president, the finance minister, the head of government, the communications ministry, parliament and the Tunisian people. Neither the channel's text nor the report explains what the dispute with the public body responsible for transmission is about.
Our coverage
- Tunis prosecutor orders Nafas activist held over posts about Kais SaiedTuesday, 25 August 2026
- Everyone detained after the Borj Erras water protests has been releasedSunday, 16 August 2026
- Demanding water in Borj Erras opened a conspiracy investigationSaturday, 15 August 2026
- Borj Erras went weeks without water, and the people who protested are under investigation for conspiracySaturday, 15 August 2026
- Rights group counts 33,000 prisoners for 17,000 places in Tunisian jailsSunday, 2 August 2026
- Court again postpones the state's case against the anti-racism association Mnemty, to August 24Friday, 31 July 2026
- Human rights league LTDH asks for dialogue and the release of political prisonersSunday, 26 July 2026
- Saied pardons 2,439 prisoners before Republic Day, including his 2024 election rivalSaturday, 25 July 2026
- Saïed pardons 2,439 prisoners for Republic Day; Zammel and Jary reported freedFriday, 24 July 2026
- Human rights league says its delegation was again turned away from Messadine prisonWednesday, 22 July 2026
- Private broadcaster Telvza TV halts transmission, accusing the state telecast office of harassmentTuesday, 21 July 2026
- Jailed journalist Zied El-Heni writes from Mornaguia prisonMonday, 20 July 2026
- Broadcaster Haythem El Mekki sentenced to a year in prison on appealThursday, 16 July 2026
- Lawyer and activist Abdennaceur Aouini given a year in prison on appealThursday, 16 July 2026