Decree-Law 54 and the Shrinking Space for Free Speech in Tunisia
By Farishta Maqbool
When laws made for public safety are used to restrict freedom of expression, questions about civil liberties arise.
Sonia Dahmani, a Tunisian lawyer, journalist, and human rights advocate, was arrested on 11 May 2024 by masked police officers at the Tunisian Bar Association. The reason for her arrest was making comments on the situation of refugees and migrants in Tunisia. She was charged under Decree-Law 54. This law was introduced in 2022 by President Kais Saied to deal with cybercrime and the spread of false information online that could be harmful to public safety. The question arises how this law criminalizes comments made by observing government functioning and criticizing the government.
Her case gained international attention as she was a famous public commentator, and the arrest occurred live on the media. Organizations including the Committee to Protect Journalists and Human Rights Watch have condemned her arrest. Dahmani also received the 2025 Press Freedom Award, as her case became globally recognized.
Due to pressure from international organizations, she was released in November 2025 but continues to face legal proceedings. On 13th April 2026, the court upheld her conviction and reduced her sentence to 18 months but refused to dismiss her case. This means she still has to face legal consequences.
It is not a single case; since 2023, dozens of journalists, lawyers, and activists have been arrested under Decree-Law 54. Decree-Law 54 has been criticized for its vague language, as it is used to criminalize freedom of speech. The law meant to protect public safety is being used to silence voices that criticize government functioning.
In 2011, Tunisia experienced an uprising that led to the removal of a long-time ruler, Zine El Abidine Ben Ali, and a new democratic era began. Tunisia adopted a new constitution that supported freedom of speech, freedom of expression, and press freedom. During that period, Tunisia was ranked 70 to 73 out of 180 in the Press Freedom Index. In 2021, President Kais Saied took power and suspended parliament, introducing a series of new laws. He introduced Decree-Law 54. This law is common in many countries to address cybercrime and false information online. Its use in Tunisia has raised concerns, as it is used to curtail freedom of expression. After 2021, Tunisia’s press freedom ranking declined to 129 out of 180 countries.
This pattern is also common in some other countries. In Turkey, criticism of the state can be addressed under laws such as the Anti-Terror Law, Turkish Penal Code Article 129, and the Internet Law. In Egypt, cybercrime law, media and press law, and anti-terror law are used regarding online speech about the government. Russia uses laws, including the fake news and foreign agent laws, regarding speech that criticizes the government and political authority. In Hungary, the government has consolidated control over independent media through legislative and financial measures.
In all these countries, laws that are meant to protect the state and keep the public safe can be used against people who criticize the government. This issue doesn’t just affect journalists and commentators; it also has a major impact on every individual who lives in that state. When the freedom of the press is limited, it can become much harder for people to get honest information.
If reporters are afraid to investigate or report on the actions of government officials, the public may not know what is happening in their own government. This lack of information can make it difficult for citizens to question or hold those in power accountable. Over time, as people have fewer chances to speak out, the strength of democratic institutions like fair elections and checks on government power may start to weaken.
If sharing certain opinions can lead to legal trouble, fewer people may feel safe speaking up. This can create an environment where public expression is restricted, meaning fewer voices and viewpoints are heard.
Ultimately, when people are afraid to share their thoughts, it can stifle open discussion and hinder the progress of democracy.