Letter to justice minister about eight-year jail sentence for Facebook post

Reporters Without Borders secretary-general Jean-François Julliard wrote to Tunisian justice minister Béchir Tekkari yesterday calling for human rights activist Khedija Arfaoui’s conviction to be quashed. On 4 July, a Tunis court sentenced her to eight months in prison on a charge of “disturbing public order” for posting a message about the rumoured abduction of children for their organs on the social-networking website Facebook. “The rumours about children being kidnapped had already circulated widely in Tunisia and had already been reported in the press,” the letter said. “Ms. Arfaoui did not start the rumours but she was the only person to be prosecuted and we believe she has been made a scapegoat. “In response to our 13 July press release on this subject, a Tunisian government official was quoted by Agence France-Presse as saying that Ms. Arfaoui’s conviction was ‘fully justified in legal terms.’ (…) “Disturbing public order is punishable by six months to five years in prison and a fine of 120 to 1,200 dinars (72 to 720 euros) under article 121 of the criminal code, which forbids the distribution, sale or display, or possession with a view to distribution, sale or display, of leaflets, newsletters or stickers of foreign or national origin liable to disturb public order or decency. “This article applies to public spaces whereas Facebook is regarded as a private space. The indictment itself violated the confidentiality of correspondence. This is guaranteed by article 9 of the constitution, which says: ‘Domestic inviolability, the confidentiality of correspondence and the protection of personal data are guaranteed, except in particular cases specified in the law’.” Julliard added that Tunisia had no law governing the Internet and that Reporters Without Borders therefore regarded Ms. Arfaoui’s conviction as baseless.