A Tunis court is expected to issue a verdict in the prosecution of a television station broadcaster which aired the award-winning French-Iranian film Persepolis tomorrow (3 May). If convicted of “violating sacred values”, Nabil Karoui, Nessma TV’s owner and two of his employees face up to to three years in jail which ironically is also UNESCO World Press Freedom Day.
The 2007 animated film, which contains a scene where God is depicted as a white-bearded man, was broadcast a few weeks before the October 2011 constituent assembly election. Its broadcast sparked violent protests: Nessma TV’s headquarters and Karoui’s home were attacked by ultra-conservative protesters who consider pictorial representations of God as haram (forbidden).
The court hearings were marked by tension and violence. In January, 23 journalists and activists standing in solidarity with Nessma TV were assaulted. On 19 April, and due to high tensions outside the courtroom where pro- and anti-Nessma protesters gathered, the court decided to delay issuing a verdict to 3 May.
“I hope that the court will shut this file for good, put law into practice, and put an end to this waste of time, and effort,” Sofiene Ben H’mida, a journalist for Nessma, told Index. Ben H’mida was himself assaulted by protesters showing support to the Interior Minister Ali Laarayedh on 11 January.
“The Nessma team is confident and no matter what the verdict will be, we have enough courage to continue our job”, he added.
The Tunisian Pirate Party is an offshoot of the international anti-censorship movement and the political wing of the Takriz movement, a “street resistance nework”.
In the aftermath of Ben Ali’s fall, one of its high-profile members, Slim Amamou, was briefly in the cabinet and the anti-censorship faction was legalised in March.
Sled Din Kchouk, the party’s president, talks to Index about politics, internet regulation, transparency and more
Index: Why did it take so long for the Tunisian Pirate Party to be legalised?
Sled Din Kchouk (SDK): The party was launched in October 2010 with the emergence of Takriz movement. At that time the party operated underground. On 9 May 2011 we filed a request for the Interior Ministry to legalise our party (…) After three months, we found out that following an order from Hbib Essid, the Interior Minister at that time, that the party had been banned (Essid has recently been nominated as an adviser to the Prime Minister).
Two people slowed down the process. The first person was General Rachid Ammar (Chief of Staff of the Tunisian Armed Forces), who seemed to have personal issues with Takriz because the movement heavily criticised him [last year a military tribunal ordered the filtering of the Takriz Facebook page]. The second person was Essid who the movement criticised for his links with the former regime. We, the Tunisian Pirate Party, politically represent the movement of Takriz. That is why they don’t like us.
Index: You admit to being part of Takriz, a movement that describes itself as a “street resistance movement”, and which on several occasions has called for violence against police?
SDK: Sure we do. We are the political tongue of Takriz. When someone deprives you from your most basic rights, you only have one choice left: violence. But, Takriz today is employing political speech, with no insults and no bad words. And the best example for that is me; I’m now standing in front of you and talking to you with neither insults, nor violence. I’m proud to be part of Takriz, a movement that will never give up its principles.
Index: How will the Tunisian Pirate Party attract sympathisers and voters when most Tunisians do not consider internet freedom a priority?
SDK: We have an entire economic programme for Tunisia that would create jobs. In Tunisia, we cannot use eBay. Such services have to be available. All companies have to be available online to facilitate commercial transactions. The Tunisian Dinar cannot be converted to other currencies in other countries. Our objective is to open the Tunisian economy via the internet. We also want to revolutionise education through the World Wide Web. In Tunisia only those who study in private universities benefit from distance learning. Why not those who go to public universities too?
Index: Do you plan to run for office in upcoming elections, whether local, legislative or presidential? The Swedish Pirate Party has two seats in EU parliament. Do you think that one day Tunisian Pirate Party will gain seats in parliament?
SDK: With a judiciary, media, and a Ministry of Interior still loyal to Ben Ali [the autocratic former President who ruled the country for 23 years], I do not feel reassured about elections. At the same time, it is our right as Tunisian youths to take part in elections, to be represented, and to shout: we do exist. As for next year’s elections, I cannot answer this question now. It is still too early to decide.
The countries where Pirate Parties are doing well have real democracy. And politicians want the youth to take part in the game. But in Tunisia young people are still not that interested in politics. We, as the Tunisian Pirate Party, want to tell the youth of Tunisia [they] should be leaders. Why do we always have to create cults of personality, and follow them as leaders? The youth should take the initiative and create an alternative. [Our current politicians] are not better skilled than the youth of Tunisia.
Index: Does the Pirate Party support internet legislation in Tunisia? There is an ongoing heated debate about whether the internet, and freedom of speech, should be restricted by what President Moncef Marzouki has called “red lines”. What do you think?
SDK: Before 14 January 2011, Tunisian netizens shared one goal: getting rid of the dinosaur Ben Ali. After 14 January, the internet has been used by many political parties as a propaganda tool. We can certainly use internet during electoral campaigns, but not to defame each other or spread rumours.
Such misconducts are not going to last forever because the Tunisian citizen is brilliant. He is aware that the right wing is using the net to attack the left wing and vice versa. So there is no need for the authorities to regulate the internet. Even if they draft internet legislation, via the use of proxies we can have access to everything.
Index: What is your position on the hacking of the e-mail of Prime Minister Hamadi Jebali by a group claiming affiliation with the international hacking collective Anonymous?
SDK: Hamdi Jebali made a choice to serve the Tunisian people. By making such choice, all information about Hamadi Jebali as a Prime Minister, and not as a person, should be accessible to the people. Any information that involves the livelihood, the rights and liberties of citizens, and the policies that would affect them in the future should be accessible. Tunisians love truth, so it is better for politicians not to lie to them. If the government has plans to take loans from some countries, why are they hiding such plans? Why not put the policies of open government into practice? Why fear transparency?
Index:But open government does not mean hacking into people’s emails? The use of internet has its principles, and you were saying that the Tunisian Pirate Party has its own principles too. Would you accept it if someone hacks into your own e-mail?
SDK: It is against our principles not to respect individual’s right to privacy. The e-mail address that was hacked was not the PM’s personal e-mail address, but it was a professional one under the name of the ruling party, Ennhadha.
The fraud squad questions the publishing director of an e-magazine over an opinion piece which criticised a Tunisian financial institution.
The police accused Hamza Lakhoua from the French-speaking Espace Manager of “publishing false information” and “damaging the reputation of a financial institution, and that of the country”.
Lakhoua refused to reveal to Index on Censorship the name of the financial institution he criticised “to avoid more problems”. He said: “In my opinion piece I criticised the institution’s management policies”.
Lakhoua explained: “They are accusing me of damaging the reputation of Tunisia, because this institution has major transactions with other international institutions such as the World Bank”.
He also told Index that while interrogating him, the fraud squad did not adhere to the press code, tell him “electronic journalism is still not considered as journalism in Tunisia”.
If convicted Lakhoua could face a fine and a jail term.
Tunisian prime minister Hamadi Jebali has outlined government plans to “secure the electronic space of the country”, sparking fears that the government plans to reinstate internet censorship.
The programme will bring together a team of experts not only from the Ministry of Technologies of Communication, but also from the Ministries of Interior, Defence, and Justice.
Activists and bloggers concerns that this announcement could lead to the reintroduction of internet censorship were heightened by the news that the Ministries of Interior and Defence would play a role in “securing” the net.
In an interview on 12 April with state television channel Al-Wataniya TV 1, government spokesperson Samir Dilou, attempted to reassure the public. He said “securing” the internet is for “users’ benefit” and aimed to “prevent defamation and other virtual dangers”.
According to a Bloomberg investigation, the once feared Interior Ministry acted not just as an internet watchdog, but also intercepted and altered emails.
“When the Interior Ministry was involved in “securing” the internet during Ben Ali’s regime, the people couldn’t impeach it after the revolution. We are still unaware about the processes that existed to censor the web. And if we don’t know our past mistakes, we are most likely condemned to repeat them. So I fear that we are paving the path for a comeback of censorship”, said Bassem Bouguerra, a blogger, to Index.
After the 2011 uprising, both the judiciary and the Ministry of Defence have been involved in internet filtering. In May 2011 the Military Tribunal of Tunisia ordered the filtering of five Facebook pages over the publishing of content that the Ministry of Defence claimed sought to “damage the reputation of the military institution and, its leaders”, “destabilise the trust of citizens in the national army”, “and spread disorder and chaos in the country”.
Meanwhile the Tunisian Internet Agency is fighting a court decision ordering the filtering of X-rated websites.
The involvement of these ministries, whether before or after the uprising, in a number of censorship related tasks, explains the concerns that free speech advocates, and bloggers have about the government’s future plan.
Sleh Din Kchouk, President of the Tunisian Pirate Party believes the government’s plan will only “strangle [the] internet”.
“If the government does go ahead with this plan, it will prove to the Tunisian people that it is not here to defend freedoms as it is claiming, but it is here to cover up for people affiliated to the former regime, because it is only through Internet we can reveal the wrong doings of these people”, he added.
