20 Feb 2012 | Middle East and North Africa
Nasreddine Ben Saida, the general director of the Arabic-language daily newspaper Attounissia, has become the first media executive to be jailed in post Ben Ali era. Ben Saida, was not jailed for criticising the President, nor the government. He was jailed because his newspaper published a front page photo of Real Madrid midfielder Sami Khedira covering the breasts of his naked girlfriend, the German model, Lena Gercke.
Nasreddine Ben Saida was arrested on 15 February 15 along with the newspaper’s editor, Habib Guizani, and journalist Mohammed Hedi Hidri. On 18 February the general prosecutor decided to free Guizani and Hidri, but Ben Saida remains in prison. The publisher has reportedly started a hunger strike.
The arrests were not made under the country’s recently ratified press law, instead the prosecutor employed article 121 of the criminal code (ratified in May, 2001). It prohibits the publishing and distribution of content that is “likely to disturb public order and decency”. If found guilty Ben Saida faces up to five years in prison.
The National Syndicate of Tunisian Journalists condemned the prosecutor’s actions as “legal abuse” because article 13 of the new press legislation states that journalists “cannot be prosecuted in connection with their work unless a violation of the provisions of this decree-law is proved.”
The arrest is surprising because “indecent” photos are not strange to Tunisia society, both foreign and Tunisian magazines publish such photos. For instance, the monthly French speaking magazine Tunivisions published a front page photo of a semi-naked Tunisian model, on its August 2011 issue. No legal action was taken against the magazine.
Khedira spoke out in support of the journalists, telling German newspaper De Welt:
I think it is very, very sad and a great shame that something like this could happen. I respect the different religions that there are, and the faiths people have. But I can’t understand why people aren’t allowed to express themselves freely.
17 Feb 2012 | Index Index, Middle East and North Africa, minipost
Three Tunisian journalists have been arrested on charges of offending public morality following the publication of a nude photograph. The Attounissia newspaper printed a photograph of Real-Madrid footballer Sami Khedira covering the breasts of his otherwise naked girlfriend, model Lena Gercke. The photograph drew an angry response from the country’s public prosecutor, resulting in the arrest of the newspaper’s publisher Nasreddine Ben Said, Habib Guizani, its editor-in- chief, and its world editor Hedi Hidhri. The photo was a reprint of a 2012 cover of the German edition of GQ Magazine.
15 Feb 2012 | Middle East and North Africa
On Sunday, 13 February, the Tunis court of first instance ordered Cheker Besbes, a journalist for the private radio station Mosaique FM, to pay a fine of 200 dinars (around GBP £82), for allegedly videotaping a hearing in trial of Nessma TV employees. The TV station’s general director and two staff are accused of ““violating sacred values” by showing French-Irianian film Persepolis, which includes images of Allah.
Besbes admits he had a camera with him in the courtroom, but denies videotaping the hearing. “Besides,” he said in an interview with the blog collective Nawaat.org, “there is no law that prohibits entering the courtroom with a camera. Using it is indeed illegal, but in my case it did not happen.”
Besbes insists that the court punished him without even checking his camera’s footage. “They have condemned me for filming inside the courtroom, without taking the legal procedures to find out if I did so or not”, he said.
Justice Minister Nourreddine Bhiri’s decision to ban filming of the trial came as a surprise to journalists, who had been allowed to film previous trials, among them the trial in absentia of former President Zeine El Abidin Ben Ali and the first session in the hearing of the Nessma TV case.
Nabil Karoui, general director of Nessma TV, a privately-owned television station, and two of his employees are accused of “violating sacred values” and “disturbing the public order” for broadcasting the French-Iranian film Persepolis.
Besbes and his lawyers referred the case to the Court of Cassation, Tunisia’s highest court.
“The problem is not whether the fine of 200 dinars represents a considerable proportion of my salary,” said Besbes. “We are against the sentence and I have decided along with my lawyers to take the case to the cassation court. We were expecting a non-suit, because I’m innocent,” he told Nawaat.
8 Feb 2012 | Middle East and North Africa
The fall of the regime of Zine el Abidine Ben Ali has allowed internet users in Tunisia to enjoy a period of unfettered web access after the Tunisian Internet Agency (ATI) turned off its censorship machines. Now the internet censorship debate has surfaced again.
In May last year a Tunisian court ordered the ATI to block X-rated websites following a complaint lodged by a group of lawyers who argue that pornography violates Islamic values and presents a threat to children surfing the web. This case initiated a debate about “red lines” and internet freedom.
After losing an appeal on 15 August 2011, the ATI took the case higher to the Court of Cassation, claiming that “the filtering of pornographic websites listed by Smart Filter could not be carried out for the five internet service providers.” A verdict is due in the next few days. If the court orders the agency to reinstate filtering, the agency will find itself forced to perform a censorship role it no longer wants to play.
Over the past year, the ATI has attempted to redefine its function. Moez Chakchou, the ATI’s CEO, describes its role post revolution as “guaranteeing net neutrality, and when we say net neutrality we should not care about the content”.
The ATI chief told Index: “From a judicial point of view, I am obliged to filter, and I do respect these verdicts even though they contradict my personal beliefs.”
Earlier this year, Tunisia’s Interim President Moncef Marzouki, raised the issue of “red lines” in an interview. ‘’There should be red lines limiting freedom of speech…these red lines should not be used as pretexts for censorship…the lines should be debated and accepted by all’’ he said.
Free speech activists believe that filtering pornography or creating “red lines” could pave the way for a comeback of censorship.
“We are fighting against a ghost of the past… It would be regrettable to resort to operations of anonymous (OpTunisia) or to use proxies again just like under the Ben Ali regime”, said Dhouha Ben Youssef, a blogger.
“I believe that the first important step to take in order to prevent the comeback of censorship is adding the word “internet” in the new constitution…because I don’t consider internet as means of communication only, but as means of expression”, she added.
Tunisia does not currently have legislation covering internet censorship, the ATi Chief warns that:
“If the state wants to draw red lines for net freedom, it should first establish an independent authority to regulate the internet. Internet legislation should not be drafted without a regulation authority that creates balance, between public and individual interests”
