Free expression in Tunisia 18 months on

Members of the IFEX-TMG gathered in Tunis for World Press Freedom Day to mark the launch of four new initiatives to support Tunisian rights to freedom of expression, which remains under threat despite the gains of the past year.

The new work includes a literary anthology edited by the president of PEN Tunisia Naziha Rejiba, a training manual on online advocacy, a workshop for cartoonists, and a national newspaper and billboard campaign championing free expression rights as Tunisia’ Constituent Assembly continues to negotiate a new national constitution.

With hundreds of press freedom campaigners in Tunis alongside the IFEX-TMG to attend UNESCO’s annual World Press Freedom Day conference, the timeliness of these events was underlined by the sentencing of two young Facebook users to lengthy prison sentences and the fining of the head of a TV station for broadcasting the award-winning film Persepolis.

“Things have improved since the fall of the old regime, but there’s no question that the right to freedom of expression in Tunisia is not yet secure or safe,” said Rohan Jayasekera from IFEX-TMG member Index on Censorship.

The anthology, Fleeting Words, edited by Rejiba, the veteran dissident best known as ‘Om Ziad’, is published in partnership between IFEX-TMG, PEN Tunisia and Atlas Publications. Now available in Arabic, French and English editions will be published in June.
The IFEX-TMG also launched a training manual on online free expression campaign strategy developed by the IFEX-TMG member, the Arabic Network for Human Rights Information (ANHRI), with local partner, the Tunisian Centre for Freedom of the Press (CTPJ). This follows a series of training workshops, with the two most recent held in Sidi Bouzid and  Tunis.

This week also sees the launch of a major multi-media campaign in support of free expression rights developed in partnership with the Tunisian online media group Nawaat.org. Using 75 street billboards and adverts in national print and broadcast media, it will be seen by hundreds of thousands of Tunisians across the country.

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Also this month, ANHRI and fellow IFEX-TMG member the Cartoonists Rights Network International (CRNI) organised a two-day workshop in the coastal Tunisian city of Sousse.

Sixteen digital and ink cartoonists from across Tunisia and the region, as CRNI Executive Director Dr Robert Russell put it, “all on the cutting edge of free speech,” gathered to exchange techniques and experiences.

The initiatives are part of the IFEX-TMG project Monitoring & Advocacy in Support of Independent Human Rights Defenders in Tunisia (2010-2012), managed by Index on Censorship and supported by the European Commission and Oxfam Novib.

The need for continuing work in the sector was underlined by the prosecution of Nabil Karoui, director of privately-owned Nessma TV for blasphemy and disturbing public order. The charges followed the station’s screening of the animated film Persepolis in October 2011. Karoui was fined 2,400 Tunisian dinars (961 GBP) on the charge of disturbing the public order, after protesters stormed Nessma TV.

“That Nabil Karoui avoided jail is not cause for celebration, the case should not have been brought to a court of law to begin with,” said Virginie Jouan, IFEX-TMG Chair.

The IFEX-TMG also expressed concern about the sentencing of Ghazi Ben Mohamed Beji and Jabeur Ben Abdallah Majri to over seven years in prison after Beji posted an online manuscript said to be critical of the Prophet, and Mejri reposted some of it.

TV boss ordered to pay fine over Persepolis broadcast

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.

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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”.


Verdict due in Persepolis trial – key test of free expression in Tunisia

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 president of the Tunisian Pirate Party speaks

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.