ARTICLE 19 condemns the conviction of journalist Haythem El Mekki under Article 86 of the Telecommunications Code for carrying out his journalistic work. This latest judgement reflects a broader pattern of judicial harassment and the criminalisation of journalists, media workers, activists, and other critics who report on or comment on matters of public interest.
On Wednesday, 15 July, journalist and political commentator Haythem El Mekki announced that he had been sentenced on appeal to one year in prison on charges of ‘insulting others through public telecommunications networks’ under Article 86 of the Telecommunications Code. The sentence was handed down in connection with social media posts about his reports on the morgue at Habib Bourguiba University Hospital in Sfax exceeding its capacity. The hospital filed a complaint against him in April 2023.
El Mekki was initially prosecuted in early 2024 on cybercrime charges under Article 24 of the problematic Decree-Law No. 54 of 2022. In December 2024, the Court of First Instance dismissed the case. However, the Public Prosecutor appealed the ruling and the Court of Appeal overturned that decision and instead convicted him under Article 86 of the Telecommunications Code.
ARTICLE 19 has consistently raised concerns that both Article 24 of Decree-Law No. 54 and Article 86 of the Telecommunications Code are vague and overly broad, falling short of the principles of legality, necessity, and proportionality required under international human rights law. Their broad wording has enabled them to be used by authorities to criminalise protected expression, particularly criticism and reporting on matters of public interest. Both provisions are incompatible with Tunisia’s Constitution (articles 37 and 38) and its obligations under international human rights law.
Reporting on matters of public interest lies at the heart of journalism and is protected by the rights to freedom of expression, of which media freedom is an essential component. This case is of particular concern because the information reported by El Mekki had already been publicly corroborated by representatives of several state institutions.
This is not the first instance of judicial harassment El Mekki has faced in connection with his work as a journalist and satirical political commentator. In May 2023, he and journalist Ilyes Gharbi were summoned before the Criminal Investigations Unit in El Gorjani following a complaint by the General Union of Internal Security Forces over content broadcast on the radio programme Midi Show. In March 2025, he was again summoned before the Fifth Central Unit for Combating Information and Communication Technology Crimes alongside media and communication professor Salwa Charfi, after sharing information that later proved to be inaccurate and which he subsequently removed from his Facebook page.
ARTICLE 19 is deeply concerned that the Tunisia’s broader legal framework contains a wide range of criminal provisions that restrict the exercise of freedom of expression, including provisions under Decree-Law No. 54 and the Telecommunications Code and other legislation. The cumulative effect of these provisions combined with their increasing applications against journalists, media workers, activists, lawyers, and other critical voices has created a legal environment in which the risk of prosecution remains pervasive. These prosecutions and convictions produce a chilling effect that extends beyond those directly targeted by fostering fear, encouraging self-censorship, and undermining public debate. ARTICLE 19 therefore calls on the Tunisian authorities to overturn Haythem El Mekki’s conviction, end the misuse of criminal legislation against journalists and other critical voices.