Media Repression and Democratic Detours in Tunisia

Written by Anais Brakha (BSc International Social and Public Policy)

In a significant and contentious electoral outcome, Tunisian President Kais Saied has clinched a second term in office, garnering more than 90% of the votes during the October 6, 2024 presidential election. This election, however, has been marred by allegations of unfairness and a glaring boycott from multiple political parties, casting a shadow over its legitimacy. Following the promulgation of the controversial 2022 constitution, these presidential elections were the first of their kind amid a backdrop of evident political repression. The Independent High Authority for Elections (ISIE) confirmed the candidacies of only three individuals—Saied and former deputies Zouhair Maghzaoui and Ayachi Zammel, who is currently serving a 12-year prison sentence for falsifying documents just 5 days before the election received 7% of the vote, whilst 14 other candidates were barred. 

Due to Saied’s actions, including a self-coup executed on July 25, 2021, several democratic institutions were dismantled. During this period, he suspended the democratically elected parliament, dismissed numerous government ministers, and created a new constitution that significantly curtails civil liberties. The campaign landscape was not only limited but also heavily biased, with no public debates or campaign rallies and nearly all campaign materials supporting the president. As a reflection of public sentiment, the voter turnout was just 28.8%, signalling the highest abstention rate since Tunisia's transition to democracy in 2011. This figure is particularly concerning given that only 6% of voters were aged 18-35, a demographic that constitutes roughly one-third of the eligible electorate.

Kais Saied framed his administration's narrative around a supposed battle against conspiratorial forces allegedly linked to foreign interests, a common tactic used by authoritarian leaders to consolidate power. As Saied commences his second term, there are significant concerns about the future of democracy in Tunisia, especially given the history of the nation as the birthplace of the Arab Spring, where citizens once fought for freedoms and democratic governance. The survival of independent institutions and the future of civil society will be critical as many Tunisians continue to advocate for a return to a more democratic path.

The Tunisian people are committed to being citizens of a democratic country, with thousands taking to the streets in September to voice their commitment to the few remaining institutions in the country with some independence, including the media.

In recent months, Tunisia has witnessed a significant deterioration in media freedom and civil liberties as its government, under President Kais Saied, intensifies its crackdown on journalists and dissenting voices. Civil society organisations, such as Amnesty International and Human Rights Watch, have raised concerns over the systematic repression of media in Tunisia. This alarming trend highlights a stark regression from the freedoms gained during the 2011 revolution that ousted former President Zine El Abidine Ben Ali. The situation escalated notably after the implementation of Decree-Law 2022-54 on Cybercrime, which has been widely condemned for infringing on the rights to freedom of expression and privacy. Under this decree, Tunisian authorities have exploited vague provisions to criminalize speech, targeting those who dare to express their opinions against the government. Article 24 of this decree stipulates harsh penalties, including prison terms and substantial fines for individuals accused of disseminating "defamation," "rumours," or "false news." As a result, there have been numerous reports of journalists facing harassment, detention, and severe criminal charges.

On May 22, 2024, two prominent journalists, Borhen Bsaies and Mourad Zeghidi, were each sentenced to a year in prison for allegedly breaching provisions under the new law, which prohibits spreading "false news" or defamation. Their arrest came just days after they criticised governmental actions, including President Saied's dissolution of the High Judicial Council in early 2022. Furthermore, another media founder and tech activist received a nine-month suspended sentence following an 11-day detention. These cases reflect a broader pattern of intimidation directed at independent voices in Tunisia. The Tunisian government also employs legal battles to undermine independent media institutions. For example, they have worked to diminish the authority of the Independent High Authority for Audiovisual Communication (HAICA), the country's broadcasting regulator, raising concerns about the future of regulatory frameworks essential for media independence. 

Tunisian authorities censor a variety of topics, a prominent one being the arrival of sub-Saharan migrants, a pressing policy issue across North Africa that led to the imprisonment of Sonia Dahmani, a lawyer and media commentator. Dahmani's crime was to make sarcastic remarks that challenged governmental stances about Black African migrants. Her detention has drawn significant backlash, with calls from various human rights organisations urging for her immediate release and the dismissal of charges against her and others. Most recently, there has been an absence of information on the arrival of injured Palestinians from Gaza in the country for treatment. Apart from reports of their arrival at Tunis airport in December 2023, the patients are inaccessible with only one interview of a Palestinian child heard on national radio in April supervised by the red crescent.

Tunisian journalists are facing an increasingly hostile environment in their quest for press freedom, as the government ramps up efforts to repress dissenting voices and suppress independent journalism. In response to this media repression, many journalists have mobilized to assert their rights and maintain their commitment to disseminating the truth, instead of cultivating an environment conducive to the enjoyment of press rights, journalists are now focused on re-establishing their very existence amidst systematic attempts to silence them. Tunisian journalists have undertaken a range of actions to express their dissent. These include signing petitions, pursuing legal action, and engaging in public demonstrations.

The recent political landscape in Tunisia reveals a troubling regression from the democratic principles that once positioned the country as a beacon of hope in the Arab world. The absence of robust opposition and low turnout, the environment of fear fostered by Saied's regime speak volumes about the erosion of civic engagement and public trust in democratic institutions. With many journalists resorting to self-censorship and little mobilisation against Saied compared to the uprisings seen in 2011, it is clear that Tunisia is going down a path of increasing censorship. The burden of this resistance often falls on individual journalists rather than organised groups, leading to a fragmented effort to combat authoritarian tendencies. Saied has built a culture of fear that inhibits not only investigative journalism but also the publics to be informed about governmental actions.  Tunisia’s current trajectory under Kais Saied starkly contrasts the initial hopes for democracy.

As Tunisia grapples with the authoritarian turn of President Kais Saied, the implications stretch far beyond its borders, sparking concerns for the future of democracy across the Arab world. Under Saied's leadership, the legal framework has increasingly favoured repression over freedom yet the situation in Tunisia serves as a precursor for potential outcomes in the Arab world. The rising authoritarianism witnessed in Tunisia reflects patterns in neighbouring countries still governed by oppressive regimes. To this end, Saied's manoeuvres echo tactics employed by other leaders who leverage crises, be they economic, political, or social to suppress opposition and consolidate power. The power dynamics in the region have historically shown that where constitutional and civic rights erode, so too does the voice of the people.