1. Overview

The democratic experience in Tunisia is moving slowly but steadily. As the country is suffering from economic obstacles along with combating terrorism, not to mention the negative impact of personal interest networks on decision-making in a country that revolted against dictatorship a few years ago. Social media played a key role in the Tunisian revolution, therefore, Tunisians are increasingly using information technology and telecommunication.

 

 

  • Developments in the ICT Sector

 

The population in Tunisia reaches around 11.7 million. After the success of the revolution erupted on 14th January 2011, a leap took place in using telecommunication services. Internet users are increasing a year after another. Cell phones and Internet access occupies a large space in everyday life.  Cell phone users reach around 15.1 million, while landline users reach 1.4 million. Broadband users are approximately one million.

The telecommunication service is provided by four companies: Tunisie Telecom,  Ooredoo Tunisia – Tunisiana, Orange Tunis, and Mobile Virtual Network Operator, which belongs to Lycamobile company that provides its services through Tunisie Telecom.

 

  1. Legal Environment of the ICT sector

The parliament on a public session, on 16th May 2017, ratified a draft law concerning Tunisia joint agreement no. 108 with the EU, tackling protecting individuals from automated processing of private data and the extra protocol no. 181 concerning surveillance authorities and the flow of data across borders.

 

The agreement no. 108, dated 28th January 1981, is the first legally-binding international document which obliges the signing countries to take the necessary measures in their legal system to implement the agreement’s principals, aiming at protecting basic rights of individuals from “writing, registering, preserving, storing, including, displaying, sending, receiving, circulating, publishing, deleting, editing, restoring and analyzing their data. To sum it up, what is known as the automated processing of personal data.

 

The parliament, on the 10th of January 2019, ratified law no. 9 of 2019, with amending law no. 26 of 2015, concerning combating terrorism and countering money laundry. The amendments were published in the official gazette on 29th 2019. The law includes some amendments, among them: articles concerning hindering telecommunications, digital penetration, as the new paragraph guaranteed, in chapter no. 54, for public prosecution or investigation judge, the judicial seizure order, entitled to follow terrorist crimes and the right to stop suspects in emergencies and following a report that justifies it. The newly added paragraph in chapter 57, allowed for the responsible for the judicial seizure to directly or digitally penetrate data through disguised security personnel or detectives.

 

 

  • Social Networks

 

Using social media in Tunisia varies among young people. Some of them use it for dating or making friends, some are using it for staying up to date with the news, some are searching for jobs. Moreover, activists use social media for organizing social and political movements and gaining more supporters.

 

The latest statistics point to an increase in Internet users as they reached around 7.9 million, forming 67.5% of the population. Facebook users reached approximately 7.4 million, while twitter users decreased to be around 200 thousand as the new users prefer Instagram forming about 1.9 million users.

 

  1. Blocking and Surveillance

The Tunisian government, during this period, did not adopt a blocking policy, as the Arabic Network for Human Rights Information – ANHRI did not receive except two complaints: the first was from Moroccan Street website, which was blocked on 12th October 2017, and Tunisian Freedom website, which was blocked in September 2018.

However, the Tunisian authorities persecute activists on social media and impose restrictions on websites’ reporters to prevent them from acquiring first-hand information. For example, security forces prevented journalist Rushdi Al Jarai, a reporter for the website of the Moroccan voice, from covering clashes between demonstrators and security forces in Habib Bourguiba street on 27th January 2018. An official in the ministry of education prevented Afaf Al Wedarni, reporter to Digital Tunisia website, from covering a protest of some teachers on 13th May 2019.

 

  1. Persecution and Security Threats

Social media activists and human rights defenders have some increasing concerns as they fear that freedom of expression is rescinding, after the arrest of some Internet and social media activists and trying them for posts in which they criticized some political stances of the government or criticizing some state officials. For example:

 

Interrogating Nawah Website Director for an Article about Reconciliation 

Sami Ben Gharbia, founder and director of the independent website “Nawah”, and its legal representative, on 3rd May 2017 appeared before the Tunisian National Guard Research and Inspection Squad in Ewayna to be investigated on charges of robbery, theft and uncovering secrets, on the background of an article published on 21st April 2017, uncovering details of the presidency plan to pass an amended draft for the economic reconciliation law, stating to reconcile with officials accused of corruption and receiving bribes during the era of former president Zine El Abidine Ben Ali and to stop pursuing them if they restore the robbed money.

 

Arresting Activist Qays Al Bouazizi 

Security forces arrested activist and blogger, Qays Bouazizi, in Sedi Abo Zeid city, on 14th January 2018. He was interrogated and detained for 3 days then he was released. This took place on the background of several posts he published on Facebook calling for demonstrating against the government for high prices and austerity measures.

 

Trying Blogger Mohamed Al Hamami in the Case of Minister Mahdi Ben Gharbia 

On 17th April 2018, the primary court in Benzert, sentenced blogger Mohamed Al Hamami to 8 months and a fine of 120 Dinar ($43) on charges of insulting and defaming Minister of Relations with Constitutional Bodies and Human Rights, Mahdi Ben Gharbia, on social media following a lawsuit the latter filed against him.

The Public Prosecution had referred Mohamed Al Hamam, on 14th November 2017 to primary court in Benzert. He is still released pending the final verdict. The court, on 16th November 2017, sentenced him in absentia to one year.

 

Referring Activist Tarek Al Ghamri to Trial

Police in Baja summoned Tarek Al Ghamri, a member of the Al Moetamar party, 3 times during the period from 5 to 10 September 2018. He was referred to the prosecution on the background of his posts on Facebook, in the campaign titled “Where is the Petrol” which is countering corruption. The prosecution investigated him, and he was released pending the case.

 

Trying Member of the National Bureau of Nedaa Tunis Party for Posts on Facebook

Security forces, on 7th September 2018, arrested the director of the Tunisia Today website and a member of the National Bureau of the Nedaa Tunis Party, Adib Al Jibali in front of his house in Ariana. He was led to the criminal inspection squad in Khadra district on charges of inciting against the government through posts on Facebook, on the background of his posts in which he criticized the alliance between the Prime Minister and Nahda Party affiliated with the Muslim Brotherhood. On the 10th of September 2018, Jibali appeared before the public prosecution of the primary court in Tunisia and the prosecution referred him to trial while he was released. On the 18th of January 2018, the primary court sentenced Jibali to 8 months for inciting against the government and causing a riot.

 

Trying blogger Amina Mansour for a Facebook post

The primary court of Benarous, on 13th September 2018, sentenced blogger and political activist, Amina Mansour, to two months for posting on Facebook claiming that there are suspicions of corruption in the Customs Authority. The court released Amina pending appeal.

 

Trying Parliament Member Yassin Al Ayari for posts on Facebook 

On the first of November 2018, the military court sentenced parliament member and blogger, Yassin Al Ayari, to 3 months on charges of defaming the military after a post on his official account on Facebook. Ayari appealed the verdict and it was postponed to 6th December 2018. The military appeal court reduced the sentence to two months.

 

Imprisoning blogger Fadila Belhaj for a post on Facebook 

On 16th February 2019, the misdemeanor department of the primary court sentenced blogger Fadila Belhaj to two years on charges of “insulting an employee on social media” on the background of a lawsuit filed against her by the Cabinet after publishing a post on Facebook criticizing the Ministry of Interior’s methods dealing with terrorism and the alliance between Youssef Al Shahid and the Muslim Brotherhood.