“It’s the return of the moral police on social networks! »exclaims Wassim El Pocho (not his real name), content creator on Instagram and TikTok. In the world of Tunisian influencers, everything changed on October 27, three weeks after the re-election of President Kaïs Saïed with 90.7% of the votes, according to a statement from the Ministry of Justice.
He announced that criminal proceedings would be initiated against “any person who intentionally engages in the production, dissemination or publication of information, images or videos that may undermine moral values.” The warning was specifically directed at the platforms TikTok and Instagram, accused of spreading content contrary to the “good manners” AND “probably has a negative impact on the behavior of young people”.
Between October 31 and November 6, at least seven influencers, each of whom have hundreds of thousands of subscribers, were sentenced to sentences ranging from eighteen months to four and a half years in prison, particularly for content considered contrary to good customs. These judicial decisions were based on provisions of the penal code and the telecommunications code. “These are mainly content considered erotic, rude or considered harassment or calls for violence.explains Nour Shaiek, lawyer for one of the warned. They accumulated the penalties by applying several legal provisions to the same act. We were all surprised by its severity. »
Farid Ben Jha, spokesman for the Monastir and Mahdia courts, confirmed to national radio on November 6 that the maximum sanctions were imposed as a deterrent.
“Expiatory victims”
Among those imprisoned is the famous Instagrammer “Lady Samara”, followed by more than a million subscribers. Five months pregnant, she was sentenced in the first instance to three years and two months in prison for, among other things, making comments of a sexual nature. “During the hearing of my client, who questioned the illegal nature of her videos, the judge responded that the question was more moral than legal”denounces his lawyer, Ghazi Mrabet, who appealed the decision. He hopes that the sentences will be reduced, although he believes that by imposing such severe sanctions justice intends “scare, like with journalists”.
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