“We are mobilising with our partners to say no to Decree Law 54, which has been exploited to repress journalists. There is no right to reliable information without press freedom. When news professionals are prevented from doing their job, fake news and manipulative content occupy the Tunisian public space.

On 29 January, a conference titled “Press Freedom Under Decree 54” was held in Tunis. Throughout the event, various stakeholders — journalists, family members of the three journalists currently behind bars in the country, professional journalism organisations, human rights groups and legal experts — demonstrated the freedom-curbing impact of the text by sharing their personal experiences and analyses. Participants also highlighted the dangerous legal loopholes that have turned the decree into a tool of repression, stressing the need to guarantee the right to press freedom and access to accurate and reliable information.

A text that has strayed from its original purpose

While protecting information and communication systems is legitimate and necessary given the growing number of digital threats, Decree Law no. 54 of 13 September 2022, Decree Law No. 2022-54 of 13 September 2022 on combatting offences relating to information and communication systems has strayed from its original aim of tackling cybercrime and violates the provisions made in the Budapest Convention on Cybercrime.

A dangerous legal loophole

The decree contains the following dangerous legal loopholes, which could be weaponised to stifle the media:

• Breach of source confidentiality: Articles 9 and 10 authorise the interception of communications and access to personal data without sufficient judicial safeguards, thereby undermining the right to the protection of journalist sources, even though Article 11 of Decree No. 115 and international treaties enshrine this protection;

• Legal insecurity: By including the same offences as Decree No. 115 but with harsher penalties, Decree Law 54 exposes journalists to multiple legal proceedings, producing a dissuasive effect and reinforcing self-censorship;

• Arbitrary powers: Article 24 grants excessive interpretative powers to security and legal authorities due to vague, ambiguous and insufficiently circumscribed terms, opening the door to arbitrary security and legal decisions;

• Exceeding the scope of the Budapest Convention: The inclusion of offences not provided for by the Budapest Convention, such as defamation, insult and fake news, makes the decree law unlawful under the Tunisian Constitution, which gives precedence to international conventions over national legislation.

Towards constructive collective mobilisation

Since it came into force, Decree Law 54 has created a climate of fear that stifles public debate and deprives Tunisian citizens of their fundamental right to information, freedom of speech and press freedom. It has been used repeatedly to silence media professionals, with 28 journalists being prosecuted simply for doing their job.

Given this dangerous trend, the signatory organisations reaffirm their determination to defend an independent and pluralist media space. They demand the immediate end to the instrumentalisation of Decree Law 54 against the right to information, and call on the Assembly of the Representatives of the People to urgently repeal Article 24 of Decree 54 and work towards aligning it with international standards on freedom of expression and press freedom.

Signatory organisations:

• Al Khatt

• Intersection Association for Rights and Freedoms

• Tunisian League for Human Rights

• Media Development Center

• Nawaat

• Reporters Without Borders (RSF)

• National Union of Tunisian Journalists

• Taqallam