AvoConsulte

Online harassment in Tunisia: the law and how to report it

Read in: العربية / Français

Topic: Digital law

Online harassment in Tunisia: what the law punishes, how to keep evidence of blackmail or a fake account, where to file a complaint and what Decree 54 says.

Online harassment, sextortion, defamation on Facebook and impersonation are criminal offences in Tunisia. If it is happening to you, don't pay or negotiate, save the evidence (screenshots showing the link and the date), then file a complaint with the public prosecutor or at a police or national guard station. You can do this even if the person hides behind a fake account. What does Tunisian law punish? Tunisia has no single cybercrime code. Offences committed online fall under the Penal Code and under specific texts, chiefly Decree-law No. 2022-54 on combating offences relating to information and communication systems, and Organic Law No. 2017-58 on eliminating violence against women. Acts that can be prosecuted include: Threats and blackmail: demanding money, more pictures or anything else under the threat of publishing something or causing harm. Defamation and insults: publicly accusing someone of something that damages their reputation, or abusing them, on Facebook or elsewhere. Sharing private images or videos without consent , especially intimate ones (often called "revenge porn"), or threatening to do so. Impersonation: creating a fake account in your name or with your photos, or hacking into your account and using it. Repeated harassment through messages and comments, including sexual harassment. Penalties depend on the offence, the text that applies and the circumstances, for example when the victim is a child. We deliberately give no figures: several of these texts have been amended recently, and only the version in force when you file counts. Being blackmailed or threatened: what to do first Don't pay and don't send anything. Paying rarely stops a blackmailer; more often it leads to new demands. Don't delete the conversation or block the account straight away. Save the evidence first, then protect yourself. Collect the evidence as described in the next section. Secure your accounts: change your passwords, turn on two-step verification, and restrict who can see your posts and friends list. Report the account or content to the platform once the evidence is saved. File a complaint without delay. The longer you wait, the harder it is to trace the person. Tell someone you trust. Blackmailers count on you being isolated and afraid of exposure. How do I keep evidence that will hold up? Evidence is the heart of the complaint. The more precise and complete it is, the faster investigators can act. Take screenshots that show the message or post, the account name, and the date and time. Copy the profile URL and the links to posts, not just the display name, which can be changed at any time. Keep the phone or computer that received the messages, and don't wipe anything. Write down a timeline: when it started, what was demanded, and any phone numbers, bank accounts or payment methods mentioned. If needed, ask a bailiff (huissier de justice, عدل منفذ) to record the content in a formal report. It carries more weight in court, especially if the content may be deleted. Where do I report it, and do I need to know who did it? You can send a written complaint directly to the public prosecutor (procureur de la République) at the competent court of first instance, or go to a police or national guard station to give a statement, which is written up in an official record. The case may then be passed to units that specialise in technology-related crime. You don't need to know who is behind the account. A complaint can be filed against a person unknown , for example against a fake Facebook profile, with the links and whatever you know. With judicial authorisation, investigators have ways to try to identify the author. Be realistic, though: requests to foreign platforms take time and don't always succeed, so the quality of your evidence often makes the difference. Our guide on filing a criminal complaint explains how to write one and follow it up. Should I report it to Facebook first? Will the account be removed? Reporting through the platform's tools is quick and worthwhile, but it doesn't replace a complaint. The platform may remove the content or close the account, or it may do nothing, and its decision never leads to prosecution. Save your evidence before reporting, because the content can disappear afterwards. For intimate images, international tools such as StopNCII (for adults) help stop them being reposted on a number of platforms. Extra protection for women and children When the victim is a woman, Law No. 2017-58 defines forms of psychological and sexual violence and harassment, and depending on the facts its provisions may apply to conduct online. The police and national guard have specialised units for violence against women that can take the complaint. See also our guide on domestic violence and protection orders. When the victim is a child, parents can also alert the child protection delegate (délégué à la protection de l'enfance) in addition to filing a complaint. Avoid blaming the child: shame is what keeps children silent the next time. Decree 54: what you can be prosecuted for when you post Decree-law No. 2022-54 does not only protect victims. It also criminalises some kinds of publication, including spreading false news or false rumours, and it has been widely debated in Tunisia. Decree-law No. 2026-1 of 30 September 2026 replaced its Article 24 on false news: prison was removed for a first offence and kept only for repeat offences. Check the version in force before relying on any reading of it. A few safe rules: don't post other people's photos or personal details without their consent, don't accuse a named person of something you cannot prove, and don't share abusive content about others. If you are summoned over a post, speak to a lawyer before you go; our guide on your rights in police custody will also help. Frequently asked questions Someone is blackmailing me with my photos. What should I do? Don't pay and don't send any more images. Save the conversation and the profile link, then file a complaint with the prosecutor or a police unit as soon as possible. Every day of delay makes the author harder to identify. Can I file a complaint about a fake account? Yes. The complaint is filed against a person unknown, with the account link and all the information you have, and investigators then try to identify the account holder. Are screenshots enough as evidence? They are a good start. They carry more weight if they show the URL and date, if you keep the original device and, where needed, if a bailiff records the content. The judge decides how much weight to give them. Can I claim compensation? Yes. As a victim you can join the criminal case as a civil party to claim damages for financial and emotional harm, or bring a claim before the civil court, depending on the case. When should you see a lawyer? You can file a complaint on your own, but a lawyer becomes important if the blackmail continues, if intimate images are involved, if you want compensation, or if you are the one accused over a post. A lawyer drafts a precise complaint that matches the facts to the right legal provisions, follows the case with the prosecutor and the investigating judge, and helps protect your privacy throughout. The site's directory lists lawyers registered with the ONAT by city, and if money is tight, read our guide on legal aid. This article gives general information and does not replace advice from a lawyer who looks at your own situation.

Sources

  1. Décret-loi n° 2022-54 du 13 septembre 2022 relatif à la lutte contre les infractions se rapportant aux systèmes d'information et de communication (texte consolidé, art. 24 modifié par le décret-loi n° 2026-1) DCAF – Base de données de la législation sécuritaire tunisienne
  2. JORT : parution du décret modifiant l'article 24 du décret-loi 54 Le Temps
  3. الرائد الرسمي: إلغاء أحكام الفصل 24 من المرسوم عدد 54 الإذاعة الوطنية التونسية
  4. Loi organique n° 2017-58 du 11 août 2017, relative à l'élimination de la violence à l'égard des femmes DCAF – Base de données de la législation sécuritaire tunisienne
  5. Cybercriminalité : plus de 2000 affaires traitées en Tunisie en 2024 WebManagerCenter
  6. StopNCII.org SWGfL / Revenge Porn Helpline

Last updated:

Related reading

Find a lawyer in your city