Summary:

Borhen Bsaies is a Tunisian journalist, who was initially sentenced to one year in prison with immediate effect, due to media statements and publications he posted on his personal account.

Personal Information:

Name: Borhen Bsaies

Occupation: Journalist

Nationality: Tunisian

Charge:  Article 24 of Decree No.54 of 2022

Case: Six months sentence for the crime of deliberately using information and communication networks and systems to produce, promote, publish, send, and prepare false news and rumors to violate the rights of others and harm public security, and another six months for a second crime for the use of Information Systems to spread news that contain false attribution with the intent to defame, damage the reputation, and harm others materially and morally.

Incidents of Violation:

On Saturday, May 11, 2024, Borhen Bsaies, a Tunisian journalist and media figure, was arrested by one of the security units and taken to the headquarters of the special unit for Cybercrimes in El Gorjani. During the interrogation, it was revealed that his arrest was related to several social media posts and statements attributed to him. Following the investigation, the public prosecution authorized his detention, the search of his home, and the seizure of any relevant items.As stated by the lawyer of the victim of the violation in the media:There are 16 clips recorded for radio and TV programs, some of them date back to 2020. The victim was asked about its content, meaning and the phrases he used, as it was indicated that the purpose of some interventions was to offend the president, which he denied. His media statements were part of his work at one time as a political analyst on a radio station and a program presenter, thus requiring him to discuss various political positions and opinions, tackle relevant issues, and critique them. These actions come in light of freedom of the press and the media, which are legally legitimate and fall under the exercise of the right to freedom of expression.After that, the detention of the victim was extended for 48 hours. On May 15, 2024, an arrest warrant was issued against Borhen Bsaies with a hearing scheduled for May 22, 2024, with charges classified as a misdemeanor. He was charged with the total charges stipulated in Article 24, Paragraph 2 of Decree No.54. Borhen Bsaies was then initially sentenced to six months for a crime of deliberately using an information and communication network and systems to produce, promote, publish, send and prepare false news and rumors with the aim of violating the rights of others and harming public security. He was also sentenced to another six months for a second crime for using information systems to diffuse news that contain false attribution to defame others, damaging their reputation and causing them material and moral harm. Both cases are by virtue of Article 24 of Decree No. 54.
On July 30,2024, the court of appeal in Tunisia has issued a ruling, condemning journalist “Borhen Bsaies” to a term of eight months in prison with a suspended sentence.

Human Rights Violations:The imprisonment of the journalist Burhan Bassis represents a continuation of the series of violations of the right to freedom of opinion and expression that Tunisia has been witnessing for years, as the statements. The posts for which the victim was prosecuted, fall within the exercise of his constitutionally guaranteed right under Article 37 of the Constitution of the Republic of Tunisia, which states: “Freedom of opinion, thought, expression, media and publication is guaranteed.  No prior censorship shall be imposed on these freedoms.” Furthermore, the judgment against the victim violates international guarantees protecting this right, including Article 19 of the Universal Declaration of Human Rights, which states: ‘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 ruling against Borhane Bsaies also represents a blow to press freedom, which has been subject to systematic violations affecting numerous journalists over the years.”