Oussama Farhat - جمعية تقاطع

Summary

Oussama Farhat, a young Tunisian and primary school teacher, was subjected to judicial prosecution for expressing his opinion through a critical comment he posted on the official page of his academic institution, in which he criticised policies relating to mental health within the institute. This peaceful expression led to prolonged criminal proceedings under Article 86 of the Telecommunications Code, as well as repeated security and administrative summonses, causing him professional and psychological harm, in a clear infringement of the right to freedom of opinion and expression.

Personal Information

Name: Oussama Farhat
Nationality: Tunisian
Governorate: Mahdia
Charge: Harming others through public telecommunications networks under Article 86 of the Telecommunications Code

Incidents of Violation

Oussama Farhat posted a comment on the official page of the institute where he studies, criticising the institution's policy regarding the provision of psychologists for students, in the context of a public discussion and in a peaceful manner.

Following this, he was summoned on 6 December 2023 to appear at the National Guard district in Mahdia, where he was heard and left at liberty. He then appeared on 19 December 2023 before the Public Prosecutor in Mahdia, was heard again and left at liberty, and a trial hearing was set for 27 December 2023.

The hearing was postponed to 10 April 2024, then to 24 September 2024, then to 8 January 2025, then to 28 January 2026, before a hearing was set for 12 February 2026 for the pronouncement of the judgment. This drew him into a prolonged judicial process marked by professional and academic instability, given that he works as a primary school teacher and was pursuing a Master's degree at the Faculty of Letters and Humanities in Manouba.

Although the case was still pending before the courts, on 14 October 2024 Oussama received a request for questioning from the Regional Delegate for Education in Ben Arous, following a complaint filed by the director of the institute with the Ministry of Education, and was given a warning as a sanction. This administrative measure, running in parallel with the ongoing judicial process, undermines fair trial guarantees and constitutes additional pressure on him.

On 12 February 2026, the court, ruling at first instance and in his presence, fined the defendant one thousand dinars (TND 1,000) and ordered him to bear the costs of the public action; it accepted the civil claim in form and substance and ordered him to pay each of the civil claimants five hundred dinars (TND 500) for moral damages, plus five hundred dinars (TND 500) to them jointly for litigation costs and lawyers' fees. The costs of the civil action were left to be borne by the claimants, with the right of recourse against whoever is legally liable, and the civil claim was dismissed as to the remainder.

The financial penalties imposed on Oussama Farhat thus amounted to three thousand five hundred dinars (TND 3,500).

Human Rights Violations

What Oussama Farhat has been subjected to constitutes a serious infringement of his right to freedom of opinion and expression, a fundamental right guaranteed by international and regional laws and treaties and by national laws. Article 19 of the Universal Declaration of Human Rights provides that “Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.” The International Covenant on Civil and Political Rights enshrines this right in binding form in its Article 19, guaranteeing everyone “the right to hold opinions without interference” and “the right to freedom of expression; this right shall include freedom to seek, receive and impart information and ideas of all kinds, either orally, in writing or in print, in the form of art, or through any other media of his choice.” At the regional level, Article 9 of the African Charter on Human and Peoples' Rights affirms “the right of every individual to express and disseminate his opinions”, which places on the State a positive obligation to protect this right and not to subject it to arbitrary or disproportionate restrictions. The prosecutions and measures adopted in this case also contradict the provisions of the 2022 Tunisian Constitution, in particular Article 37, which guarantees freedom of opinion, thought, expression, information and publication and prohibits any prior censorship of these freedoms, as well as Article 38, which guarantees the right to information and the right of access to information. The measures taken in this context cannot be considered neutral administrative or legal measures; rather, they constitute a substantial infringement of a constitutional right and reflect a disproportionate use of power, leading to restrictions on freedom of expression beyond the limits of necessity and proportionality required by law.