Can a newspaper publish anyone's photo in Tunisia?

Answer by the AvoConsulte editorial team

Not freely. Press freedom is guaranteed in Tunisia, but so is private life, and the law protects personal data, including a person's image. A newspaper can generally illustrate news about public life and public events; publishing a recognisable photo of a private individual in a way that intrudes on their private life, without consent, exposes it to liability, and some publications are expressly forbidden.

The principles

The 2022 Constitution guarantees freedom of opinion, expression, media and publication (article 37) and protects private life and personal data (article 30); a freedom may only be restricted by law, for reasons that include protecting the rights of others. Decree-law n° 2011-115 on the press also allows freedom of expression to be restricted to respect the rights and dignity of others.

Personal data

Organic Law n° 2004-63 protects personal data: any information that identifies a person directly or indirectly, including physical characteristics, except information relating to public life. Processing it generally requires the person's express consent; for a child, the guardian's consent and the family judge's authorisation. The person can object on legitimate grounds, and disputes go to the national personal data protection authority (INPDP).

Forbidden publications

• Identifying a minor who is the victim of rape or sexual harassment is a criminal offence.
• Photographing or recording court hearings without authorisation is punished, as is publishing, without authorisation, images of trials for offences against the person.

What you can do

• Ask the newspaper in writing to remove the photo; if the information is wrong, demand a correction or exercise your right of reply.
• File a complaint with the INPDP.
• Claim damages in court, or file a criminal complaint where an offence is involved.

The line between public interest and private life is drawn case by case; a lawyer can assess your situation.

This answer was written by the AvoConsulte editorial team and gives general information only: it is not legal advice. For your own situation, consult a lawyer.

Sources

1. Tunisia's Constitution of 2022 (English translation) Constitute Project
2. Loi organique n° 2004-63 du 27 juillet 2004, portant sur la protection des données à caractère personnel DCAF – Base de données de la législation sécuritaire tunisienne
3. Décret-loi n° 2011-115 du 2 novembre 2011, relatif à la liberté de la presse, de l'imprimerie et de l'édition DCAF – Base de données de la législation sécuritaire tunisienne