··

Tunisia News

Tunisia · Europe · Geopolitics: the daily brief
Background

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.

The argument in Tunisia is about Decree-Law 54, but neither prison sentence handed to a journalist in 2026 came under it. Both came under article 86 of the Telecommunications Code, and El Mekki says the Sfax appeal court moved his case there from Decree-Law 54 before convicting him. Nobody on this page has proposed amending the Telecommunications Code alongside the decree.
Press freedom and political detention

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.

58.49202250.11202349.97202443.48202540.432026
Tunisia's score in the RSF World Press Freedom Index · score out of 100 · Source: Reporters sans frontières
A higher score means more press freedom. Tunisia's rank over the same years went 94th, 121st, 118th, 129th and 137th of 180. Every point comes from the same RSF index, read year by year at rsf.org/en/index?year=YYYY. The scores use the method RSF adopted in 2022 and are not comparable with earlier years.
”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”
Zied El-HeniJournalist, detained since 24 April 2026, his one-year sentence upheld on appeal in June 2026

The numbers

Decree-Law 54, article 24: the penalty
5 years, 50,000 dinars
Five years in prison and a 50,000 dinar fine for deliberately using information and communication networks to produce or spread false news, data or rumours, or falsified documents, in order to harm the rights of others, public security or national defence, or to spread terror among the population. Penalties are doubled when the target is a public official or equivalent.
Prosecutions under Decree-Law 54: the SNJT's count
60+
More than 60 journalists, lawyers and political opponents prosecuted since the decree came into force at the end of 2022. The figure is the SNJT's, reported in a piece carried in Nawaat's blogs section, which states that pieces there do not necessarily reflect Nawaat's views. We found no count published by the SNJT itself.
Haythem El Mekki: sentence and legal basis
1 year, appeal court
One year in prison from the Sfax Court of Appeal, after the court of first instance had dismissed the case. The complaint came from the Habib Bourguiba university hospital in Sfax, over a social-media post about the situation inside the establishment. The SNJT said on 15 July 2026 that the appeal court had reclassified the case from Decree-Law 54 to article 86 of the Telecommunications Code, called for the sentence to be quashed on a cassation appeal, and restated its opposition to the use of article 86 against journalists.
Zied El-Heni: detention and sentence
1 year, upheld
Arrested on 24 April 2026 and held in pretrial detention. The Tunis Court of First Instance sentenced him on 7 May 2026 to one year in prison under article 86 of the Telecommunications Code, over comments criticising a judicial decision. The Tunis Court of Appeal upheld the one-year sentence on 26 June 2026. Amnesty International says he was convicted solely for exercising his right to freedom of expression, and asks the authorities to release him immediately and unconditionally and to quash the conviction.
Abdennaceur Aouini: two accounts of the same conviction
One year in prison on appeal in Tunis. A judicial source told the state agency TAP that the ruling, dated 15 July 2026 and handed down by the correctional chamber of the Tunis Court of Appeal, concerned attempted entry at night into another person's home without the owner's consent, by a group one of whose members carried a weapon. The source said the case was a common-law matter, contrary to some of the readings being circulated. The complaint came from the wife of a lawyer, who said Aouini and two colleagues had asked her to open an apartment holding documents on parties her husband represented. On that account a default sentence of six months was set aside on opposition, the first instance then dismissed the case, the public prosecutor appealed, and the appeal court convicted him, the complainant having maintained her complaint. Directinfo reported the same conviction on 16 July 2026, from the journalist Sofiane Ben Hamida, as an old dispute with a lawyer who had withdrawn his complaint.
Republic Day pardon: numbers, no names
On 23 July 2026 the presidency announced a special pardon for 2,439 prisoners and conditional release for 490 more, for the 69th anniversary of the Republic. The statement gave numbers only, so it cannot be read to say whether any named detainee was covered.
Tunisia in the World Press Freedom Index
137th of 180 countries in the 2026 Reporters Without Borders index, with an overall score of 40.43 and a political indicator score of 30.65 ranking it 135th on that sub-indicator. Tunisia was 129th in 2025, with a score of 43.48.

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

Zied Dabbar, President of the National Union of Tunisian Journalists, the SNJT

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
Haythem El Mekki, Journalist and columnist, sentenced on appeal to one year in prison and living in France

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.
Zied El-Heni, Journalist, detained since 24 April 2026, his one-year sentence upheld on appeal in June 2026

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
Bassem Trifi, President of the Tunisian League for the Defence of Human Rights, the LTDH

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
Faouzi Daas, Chair of the General Legislation Committee in the Assembly of People's Representatives

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.

Zouhir Latif, Director general of the private channel Telvza TV

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