Tunisia has softened a cyber‑crime law that previously sent journalists and activists to prison, allowing first‑time offenders to pay fines instead of serving time.
The amendment to Decree 54, which entered into force on Wednesday, sets fines of 10,000‑20,000 Tunisian dinars (approximately $3,370‑$6,740) for a first offence of spreading “false news” and related violations.
The fines replace a former five‑year prison sentence, though repeat offenders may still be jailed.
Rights and media‑freedom advocates in Tunisia and abroad have long condemned the decree as repressive, arguing it has been used against President Kais Saied’s opponents, activists and reporters.
The government maintains that the decree safeguards public order and is needed to combat online crime and disinformation.
The changes raise the question of why the legislation was softened at this moment.
What does the amended law say?
Decree 54, issued by President Kais Saied in September 2022, criminalised the electronic dissemination of falsehoods. Until this week, violators faced up to five years in prison for circulating untrue information that threatened public security or infringed on individual rights. The law also covered doctored content, misuse of personal data and statements that incited hatred, defamed individuals, damaged reputations or caused material or moral harm. Targeting a public official raised the penalty to a decade in prison plus a 100,000‑dinar fine (over $32,000). Reoffenders faced six months’ imprisonment and a 50,000‑dinar fine (over $16,000). Penalties doubled if the offence targeted a public official.
How has Decree 54 been used?
The decree has drawn widespread criticism from Tunisian and international press‑freedom groups. Said Benarbia, Middle East and North Africa director of the International Commission of Jurists (ICJ), told Al Jazeera that the law was “one of the potent tools of oppression used by the government to crush dissent, crack down on civic space and arbitrarily restrict the freedom of expression in the country.” Rafik Abdessalem, Tunisia’s foreign minister from 2011 to 2013 and a senior figure in the Islamist Ennahdha party, said the decree had been used “to silence every voice critical of the regime.” Ennahdha, once a leading opposition party, faced a severe crackdown under Saied, with its leaders—including Abdessalem—sentenced to lengthy prison terms. The National Syndicate of Tunisian Journalists (SNJT) documented hundreds of journalists, bloggers, opposition politicians, lawyers and activists tried under the decree since 2022, declaring the situation an “emergency.” In its latest annual report, the SNJT recorded 14 prosecutions of journalists between April 2025 and April 2026—six of them under the decree. A notable case is prominent lawyer and columnist Sonia Dahmani, who was sentenced to two years in May after criticising prison conditions on radio. She has faced five separate charges under the decree for remarks made in media appearances and had already received an 18‑month sentence in 2024 for criticising Saied’s policies.
Another citizen, Saber Ben Chouchane, was sentenced to death under several censorship laws, including Decree 54, for Facebook posts, but later received a presidential pardon.
International critics—including Amnesty International, Human Rights Watch and the European Parliament—have condemned the decree as “a tool to interfere with fundamental freedoms” and called for its repeal. Critics link it to broader democratic backsliding since Saied’s rise, reversing gains made after the 2011 revolution.
In 2021, Saied suspended parliament, dismissed the government and began ruling by decree, actions denounced as autocratic. A 2022 constitutional referendum, boycotted by many, cemented those powers. In 2024, amid ongoing repression, Saied secured a second five‑year term with over 90 % of the vote, while turnout fell to 28.8 %, the lowest since 2011. Saied denies accusations of autocracy, claiming his actions are legal and necessary to end disorder and corruption.
Why now?
Hours before the amendment took effect, civil‑society groups led by Tunisia’s largest labour union announced a nationwide march protesting restrictions on civil liberties. Seven years after Saied’s election on promises to improve the economy and fight corruption, Tunisians now confront a cost‑of‑living crisis and tightened political freedoms. Over the past year, protests have surged against power abuses, democratic decline and worsening living standards. In June, hundreds marched in Tunis demanding press freedom and release of detained critics; in July, thousands marked the fifth anniversary of Saied’s parliamentary suspension, urging him to “leave.” Former foreign minister Abdessalem credited the popular mobilisation with forcing the government’s retreat. Saied also faced mounting international pressure; U.S. Representative Joe Wilson announced plans for sanctions against Saied and his inner circle over anti‑democratic policies.
Is the amendment enough?
Critics argue the amendment does little to address broader free‑speech concerns under Saied’s government. Benarbia of the ICJ called the reduced penalties a “positive development,” but stressed that abusive prosecutions must end and those arbitrarily detained under the decree should be released. Even if the law were repealed, numerous other legal measures continue to target Saied’s opponents. “In short, the punishment has been reduced, but its repressive and punitive character remains unchanged,” Abdessalem told Al Jazeera, noting the amendment aimed to make Saied’s Tunisia appear “less bleak.” Lotfi Hajji, Al Jazeera’s bureau chief in Tunisia, said civil‑society groups and the journalists’ union are pushing for Decree 54 to be scrapped entirely, allowing journalists to be judged under the 2011 press‑freedom law, a key achievement of the revolution. Proposed parliamentary reforms since 2024 have been ignored.
