The Court of First Instance of Tunis today ordered Nabil Karoui, boss of Nessma TV, to pay a fine of 2,400 Tunisian Dinars (961 GBP) over the broadcast of the French-Iranian animated film Persepolis.
Karoui was found guilty of “disturbing public order”, and of “attacking proper morals” but the court dismissed the charge of “attacking religious symbols”. Nadia Jalel, whose association dubbed the film into Tunisian dialect, and Hedi Boughnim, Nessma Program Director were also convicted and fined.
Shot from French-Iranian film, Persepolis
The film aired few weeks before elections in October 2011 which bought the moderate Islamist Ennahda party to power. It angered hardline Islamists and sparked violent protests. Karoui’s house and Nessma TV headquarters were attacked by ultra-conservative protesters who considered the film “blasphemous” because it contains a scene where God is depicted. Seculars Tunisians viewed the trial as a test of freedom of speech.
The verdict was issued as World Press Freedom Day was celebrated in Tunis. Naceur Aouini, Karoui’s defence lawyer described the verdict as “political par excellence”, saying “the Tunisian judiciary is not independent”. He told AFP: “This verdict is an affront to the freedom of the press. We hoped for a straightforward acquittal on this World Press Freedom Day.”
Aouini told Express FM that the defence will appeal, and will continue fighting “for the Tunisians’ right to freedom of speech, and to an independent judiciary”.
Faouzi Ben Mrad, another lawyer defending Karoui, described the verdict was “alarming”.
“I feel ashamed because we have provided the court with all documents, and legal texts that prove that Karoui, and the two other defendants did not commit any crime that requires punishment…it’s a sad day”.
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 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.
