After the announcement from the Ministry of Justice, which was swiftly followed by a series of detentions among TikTok and Instagram influencers, legislation is now in motion. Lawmakers are already operating on a bill to inflict stricter penalties for violations of “moral values.” The proposal was examined on Wednesday, October 30, on a private radio station by Deputy Héla Jaballah, chairwoman of the Parliament’s Committee on Rights and Liberties.
She remarked that members of her parliamentary bloc, “Les Libres” (Al Ahrar), have started drafting a bill to regulate social media. She added that the authors are currently deliberating on how to categorize these types of offences (as misdemeanours or felonies) and the corresponding penalties.
The deputy referenced Articles 86 of the Telecommunications Code and 226 of the Penal Code, which targets individuals engaged in indecent acts that publicly violate moral standards. She stressed that lawmakers are closely monitoring developments in Tunisian society and are actively seeking to implement necessary changes.
Notably, Article 86 of the Telecommunications Code states: “Anyone who intentionally harms others or disturbs their peace through public telecommunications networks shall be punished with imprisonment from 1 to 2 years and a fine ranging from 100 to 1000 dinars.”
Article 226 of the Penal Code states: “Anyone who deliberately perpetrates public indecency shall be punished with 6 months of imprisonment and a fine of 48 dinars.”
Article 226 bis of the same Code adds: “Anyone who publicly undermines good morals or public morality through actions or words, or intentionally disturbs others in a manner that violates decency, shall be punished with 6 months of imprisonment and a fine of 1000 dinars.”
Those who publicly draw attention to morally reprehensible acts through writings, recordings, audio or visual messages, or electronic or optical means are subject to the same penalties as stated above.
Given that lawmakers are addressing these issues already covered by the Telecommunications Code and the Penal Code, can we conclude that they believe the existing penalties are insufficiently severe and need to be strengthened?
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