Tunisia Replaces Prison Terms With Fines For Spreading ‘False News’

Tunisia has amended Decree 54 to replace prison sentences with fines of between 10,000 and 20,000 Tunisian dinars for certain offences involving the spread of “false news” and other fabricated or defamatory material. Repeat offenders can still face six months in prison and a 50,000-dinar fine, while penalties are doubled when public officials are targeted. The law has previously faced criticism from rights groups over concerns about freedom of expression.

Tunisia has amended its cybercrime law to replace prison sentences with financial penalties for certain offences involving the spread of “false news”, according to an amendment published in the country’s Official Gazette.
The change affects Decree 54, a controversial law that has previously allowed authorities to impose lengthy prison sentences on people accused of spreading false information online.
Under the amended provision, individuals found responsible for the specified offences will face fines ranging from 10,000 to 20,000 Tunisian dinars, equivalent to roughly $3,300 to $6,600.
The amendment was published on Wednesday following a Cabinet meeting chaired by President Kais Saied.

WHAT THE AMENDED LAW COVERS

The revised provision applies to the dissemination of false or misleading information considered harmful to public security or the rights of other people.
It also covers fabricated or falsified material, personal data and false allegations allegedly intended to damage someone's reputation or cause material or moral harm.
The law further applies to content deemed to encourage attacks or promote hate speech.
The financial penalties are intended to replace the previous prison terms for these offences, although imprisonment remains possible in certain circumstances.

REPEAT OFFENCES CAN STILL LEAD TO PRISON

While the amendment removes prison as the standard punishment for the specified offences, repeat offenders can still face imprisonment.
A second offence can result in a six-month prison sentence as well as a fine of 50,000 Tunisian dinars, worth more than $16,000.
The penalties can also be doubled when the person targeted by the alleged offence is a public official or someone considered equivalent under the law.
This means that although the amendment reduces the immediate risk of imprisonment for some first-time offences, significant financial and criminal penalties remain.

DECREE 54 HAS FACED CRITICISM

Decree 54 was introduced as part of Tunisia's efforts to combat cybercrime and the spread of harmful online content.
However, human rights organisations have criticised the legislation, arguing that some of its provisions could restrict freedom of expression and be used against journalists, activists and critics.
Rights groups have particularly raised concerns about the broad wording of offences involving false information and the possibility of criminal prosecution for online speech.
The Tunisian authorities have maintained that legislation is necessary to address harmful content, protect individuals and maintain public order.

AMENDMENT FOLLOWS CABINET MEETING

The changes followed a Cabinet meeting chaired by President Kais Saied on Tuesday.
The meeting considered amendments to Decree 54 as well as changes to other legislation.
The decision comes amid wider debates in Tunisia over the balance between regulating online content, protecting individual rights and preserving freedom of expression.
The amendment therefore changes the immediate punishment for some offences but does not remove legal restrictions on the publication or distribution of certain types of information.

WHAT THE CHANGE MEANS

The amendment means people convicted of the specified “false news” offences will generally face substantial financial penalties rather than the previous prison terms.
However, repeat offences can still result in imprisonment, while cases involving public officials can attract significantly higher penalties.
The change is likely to remain part of Tunisia's broader debate over digital regulation and freedom of expression as authorities seek to control harmful online content while facing calls from rights groups for stronger safeguards for free speech.