Death Sentence Over Facebook Posts Revoked Amid Human Rights Pressure

In a striking turn of events, a Tunisian court released a man who had been sentenced to death just last week for Facebook posts deemed offensive to the president. The case drew widespread criticism from civil society groups and human rights activists, highlighting ongoing concerns about freedom of expression in Tunisia. The 56-year-old, Saber Chouchane , had been in pretrial detention since January 2024, and his release has sparked renewed discussion about the country’s controversial cybercrime laws and the state of judicial independence under President Kais Saied.

Background of the Controversial Case

Saber Chouchane, a day labourer and father of three, was sentenced to death for Facebook posts considered threatening to state security and insulting to the president. The posts were reportedly copied from other pages, with limited engagement, and were intended to draw attention to his challenging living conditions rather than incite unrest. Despite the severity of the ruling, Tunisia has not carried out a death sentence since 1991.

According to experts, this case reflects the increasing use of the 2022 Decree 54 , which criminalises the dissemination of 'false news' that could threaten public safety or national defence. Human rights groups have repeatedly criticised the law as a tool to suppress dissent and limit freedom of expression.

The Role of Public Reaction and Human Rights Advocacy

The initial death sentence provoked a strong backlash across social media and from civil society organisations. Activists described the ruling as unprecedented and shocking, emphasising the vulnerability of the individual involved. Many Tunisians ridiculed the verdict online, drawing attention to the disproportionate nature of capital punishment for social media activity.

Lawyer Oussama Bouthelja confirmed that public criticism played a role in ensuring Chouchane’s release, asserting that the man’s limited online influence and socially vulnerable status were central to the defence argument. Bouthelja noted that the posts were not original content and that Chouchane lacked the capacity to incite widespread unrest.

Understanding Tunisia’s Decree 54

Enacted in 2022, Decree 54 has been a cornerstone for prosecuting online activity deemed threatening to public order or government authority. The law criminalises creating, spreading, or sharing false information that may harm public safety, national defence, or incite fear among citizens. Experts warn that while intended to protect the state, the law has often been used selectively to stifle criticism and silence political dissent.

The Chouchane case underscores how this legal framework can result in severe penalties, even for individuals with minimal digital influence. Observers have noted that Tunisia’s judiciary operates under increased scrutiny following President Saied’s consolidation of power in 2021, raising questions about judicial independence.

Implications for Freedom of Expression

Chouchane’s release marks a rare corrective measure in a climate where online criticism can lead to extreme legal consequences. According to legal analysts, the case highlights the precarious balance between national security and citizens’ rights to express opinions online. It also reflects the importance of international and domestic advocacy in protecting vulnerable individuals from disproportionate sentencing.

Civil society organisations emphasise that freedom of expression remains under pressure in Tunisia, and the incident serves as a reminder for citizens to exercise caution online while urging authorities to adopt more measured legal responses.

Moving Forward: Legal and Social Considerations

Experts suggest that Tunisia’s legal system must evolve to ensure proportionality in sentencing and protect human rights. They recommend increased transparency in how Decree 54 is applied, alongside broader judicial reforms to strengthen independence from political influence. The case also serves as a cautionary tale for ordinary citizens, highlighting the risks associated with online commentary under restrictive laws.

Chouchane’s release, however, offers a glimmer of hope, demonstrating that public scrutiny and advocacy can influence judicial decisions. As Tunisia navigates ongoing political and legal challenges, balancing national security concerns with civil liberties will remain a pressing priority.