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Tunisia softens its ‘false news’ penalty. What really changed, and why now? | Censorship News

News RoomBy News RoomOctober 2, 2026Updated:October 2, 202610 Mins Read
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For Tunisian journalists and activists, the news arrived like a rare breath of relief after years of fear. On Wednesday, the government softened Decree 54, the sweeping cybercrime law that had become synonymous with prison sentences, intimidation and stolen voices. First-time offenders convicted of spreading “false news” or related electronic violations will now face fines of 10,000 to 20,000 Tunisian dinars—roughly $3,370 to $6,740—instead of the five-year prison terms that previously awaited them. The change is real, but it is also incomplete: repeat offenders can still be sentenced to jail, and the law itself remains on the books. Rights and media freedom groups, both in Tunisia and abroad, have long condemned Decree 54 as a cudgel used by President Kais Saied’s government to punish its critics. The government, for its part, insists that the decree is a shield, not a sword; it says the measure protects public order and ordinary people from online crime and disinformation. Yet for those who have actually lived under the law—journalists arrested after a single radio interview, activists hauled into court for Facebook posts, lawyers prosecuted for the crime of speaking their minds—the distinction has often felt hollow. The amendment is being presented as a moderating step, but it is not being welcomed as a victory. It is being watched, warily, to see whether it truly opens the door to freedom or simply polishes the image of a system that remains determined to control the story.

To understand what this moment means, one has to understand what Decree 54 did. Issued by President Saied in September 2022, the decree made it an offence to spread falsehoods by electronic means. It sounded technical, even reasonable; in practice, it became one of the most feared legal instruments in Tunisia. Before this week, anyone convicted of circulating untrue information deemed threatening to public security, or of infringing on other people’s rights, could be sentenced to up to five years in prison. The law also covered allegedly doctored content, personal data or false allegations spread to stir hatred, incite attacks, defame someone, damage their reputation or cause material or moral harm. If the target was a public official, the maximum penalty soared to ten years in prison and a fine of 100,000 dinars, more than $32,000. Repeat offenders faced another six months behind bars on top of a 50,000-dinar fine. And if the offence targeted a public official or someone of equivalent status, the penalties doubled. The breadth of these provisions meant that prosecutors could invoke Decree 54 for almost any online expression they disliked. The National Syndicate of Tunisian Journalists documented hundreds of journalists, bloggers, opposition politicians, lawyers and activists tried under the decree since it came into force, and declared the situation an emergency. In its latest annual report, the union recorded fourteen prosecutions of journalists between April 2025 and April 2026, six of them under Decree 54. The cases that captured public attention were often devastating. Sonia Dahmani, a prominent lawyer and columnist, was sentenced to two years in prison for criticising conditions in Tunisian prisons during a radio interview, and she faced charges under the decree in five separate cases, all stemming from remarks she made in public. Saber Ben Chouchane, another citizen, was sentenced to death after being charged under Decree 54 and other censorship laws for Facebook posts; he was later granted a presidential pardon. These cases were not anomalies. They were, critics say, the predictable outcome of a law designed less to protect public safety than to protect those in power.

The government of President Saied has consistently rejected this characterisation. To its defenders, Decree 54 is a necessary tool in a digital age, a way to protect Tunisia’s public order from misinformation, defamation and malicious online campaigns. They point to the real harm that false rumours and manipulated content can cause. But critics see the law as part of a larger pattern of democratic backsliding that began after Saied took office. In 2021, in his third year as president, Saied suspended parliament, dismissed the government and began ruling by presidential decree—steps that his opponents described as an autocratic takeover of the democracy Tunisians had won in the 2011 revolution. A new constitution, put to a referendum in 2022 that many Tunisians boycotted, later locked in those expanded powers. By 2024, amid political repression, Saied won a second five-year term with more than 90 percent of the vote; the turnout of 28.8 percent was the lowest of any election since the revolution. For many Tunisians, the result felt less like an endorsement than an exhaustion. Saied, meanwhile, rejects accusations of authoritarianism, insisting that his actions are legal and necessary to end years of disorder and corruption. Yet the argument has worn thin for many citizens who expected the revolution to bring freedom and a decent life, and instead have watched friends and family members fall victim to laws like Decree 54. Amnesty International, Human Rights Watch and the European Parliament have all condemned the decree; the European Parliament described it as a tool to interfere with fundamental freedoms and called for its repeal. The amendment to the law did not arrive in a vacuum. It came after a long, quiet battle in which ordinary people, journalists, human rights lawyers and opposition figures kept pressing, marching and speaking out, even at great personal risk. Their resilience is part of the reason the law has been softened at all.

The timing of Wednesday’s amendment was no accident. Hours before it came into effect, civil society groups led by Tunisia’s largest labour union unveiled plans for a nationwide march against restrictions on civil liberties. The announcement was a reminder that the street still matters in Tunisia. Seven years after Saied was elected on promises to fix the economy and root out corruption, Tunisians are confronting a cost-of-living crisis, rising unemployment and shrinking political freedoms. Across the past year, protests have grown bolder and more frequent. In June, hundreds of demonstrators gathered in Tunis to demand press freedom and the release of detained critics. In July, thousands returned to the streets on the fifth anniversary of Saied’s suspension of parliament, chanting for him to leave. Rafik Abdessalem, a former foreign minister and a senior figure in the opposition Ennahdha party, credited this popular mobilisation with forcing the government to back down. But pressure was also coming from abroad. In July, a member of the United States House of Representatives, Joe Wilson, pledged to keep pushing a bill that would impose sanctions on Saied and his inner circle for anti-democratic policies. Faced with rising anger at home and growing isolation abroad, the government appears to have decided that it needed to lower the temperature. Softening Decree 54 may have been a calculated concession, an attempt to burnish Tunisia’s image and deflect criticism without surrendering the core tools of control. The problem, critics say, is that a fine is not freedom. The law remains broad, the definition of “false news” remains vague, and prosecutors can still use it to punish those who speak out—especially if they dare to test the limits more than once.

On the question of whether the amendment is enough, the answer from rights groups and opposition figures is resounding: no. The reduction in penalties is a “positive development,” acknowledged Said Benarbia, Middle East and North Africa director of the International Commission of Jurists, but he quickly added that what Tunisia truly needs is an end to abusive prosecutions and the release of those arbitrarily detained under Decree 54. The law’s victims are not abstract statistics; they are writers, lawyers, activists and ordinary citizens whose lives have been upended by a single post, a single interview, a single phrase. Some have spent years behind bars. Even if Decree 54 were repealed tomorrow, Saied’s opponents would still face a web of other laws and tactics used to harass, imprison or force people into exile. Abdessalem put it bluntly: “The punishment has been reduced, but its repressive and punitive character remains unchanged.” In his view, the amendment was not meant to open the political space, but to make the image of Saied’s Tunisia “less bleak” after years in which the country had become associated with trials, arrests and arbitrary decrees. Lotfi Hajji, Al Jazeera’s Tunisia bureau chief, said civil society groups and the journalists’ union are demanding that Decree 54 be scrapped altogether, so that journalists can be judged under the 2011 press freedom law instead. That law, Hajji said, was one of the great gains of the revolution, a framework that balanced freedom with responsibility. There have been proposals in parliament since 2024 for a wider overhaul, but critics say such proposals are not a substitute for repeal. The amendment may shorten the jail time, but it does not restore the presumption of innocence, nor does it remove the chilling effect that tells every Tunisian: think carefully before you speak.

Tunisia is once again standing at a crossroads. The decision to soften Decree 54 is not a repudiation of the law; it is a tactical adjustment, made under pressure and with the intention of keeping levers of control intact. For the government, it offers a way to claim that it is listening to critics. For the opposition and rights groups, it is a reminder that public pressure can force concessions, but that this particular concession is far from sufficient. The true test will come in the months ahead, as Tunisians watch to see whether journalists who criticise the president can work without fear, whether activists who challenge the government can protest without being prosecuted, and whether the release of political prisoners becomes a reality rather than a slogan. For those who have already suffered under Decree 54, no amendment can erase the time spent in prison, the sleepless nights, the toll on families and careers. For those still detained, no fine offers comfort while they remain behind bars. The revolution of 2011 was built on faith in justice, in the right to speak, in the idea that a country could be rebuilt by free citizens rather than silenced subjects. That promise has been battered, but it has not died. The softening of Decree 54 is a small sign of life, a crack in the wall. But it is only a crack. Until the law is repealed, until the prisoners are freed, and until free expression is once again treated as a right rather than a crime, Tunisia cannot claim to have escaped the shadow that Saied has cast over it. The marchers who took to the streets in June and July understand this. So do the lawyers who fight for their clients, the journalists who keep publishing, and the families who wait at prison gates. Their hope is not in an amended decree. Their hope is in a Tunisia where no decree is needed.

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