Mohamed Khallouli

Mohamed Khallouli is a civil society activist and human rights defender. On 2 August 2024, a summons was delivered to his residence in the governorate of Béja requiring him to appear the same day before the Judicial Police in Béja. As he was not present at his residence, the head of the police unit contacted him by telephone. Mr. Khallouli informed the officer that he was residing in Tunis and was therefore unable to attend. He was subsequently notified that he would be contacted by a judicial police unit in Tunis and instructed to appear on 5 August 2024.

On 5 August 2024, Mr. Khallouli was questioned regarding seven Facebook posts that were deemed to potentially constitute offences under Article 24 of Decree-Law No. 54 of 2022, which criminalizes the use of information systems to publish or disseminate false information with the intent to defame others or damage their reputation. He was also investigated for alleged incitement to hate speech against a public official and for intentionally causing harm to others through public telecommunications networks under Article 86 of the Telecommunications Code. Following questioning, he was released pending further proceedings and served with a summons to appear before the Public Prosecutor on 7 August 2024.

Prior to the hearing before the Public Prosecutor, defense counsel submitted a request for the prosecution to proceed solely under Article 86 of the Telecommunications Code instead of Article 24 of Decree-Law No. 54, arguing that the posts did not involve the dissemination of false information. Following questioning by the Public Prosecutor, Mr. Khallouli was maintained at liberty but was referred the same day to an investigating judge on the basis of both provisions.

On 14 August 2024, the investigation was formally closed. The charge under Article 24 of Decree-Law No. 54 of 2022 was dismissed, while prosecution under Article 86 of the Telecommunications Code was maintained. The case was referred to the Misdemeanor Chamber of the Court of First Instance of Béja. A six-month travel ban was also imposed during the investigation phase.

The case was heard on 20 May 2025. On 27 May 2025, the Court of First Instance of Béja sentenced Mr. Khallouli to one month of imprisonment and imposed a fine of 1,000 Tunisian dinars for intentionally causing harm to others through public telecommunications networks under Article 86 of the Telecommunications Code.

Mr. Khallouli appealed the judgment. On 5 February 2026, the Court of Appeal upheld the conviction and confirmed the sentence of one month of imprisonment with immediate enforcement, along with a fine of 1,000 Tunisian dinars.

January 3, 2023
Mohamed Ali Rtimi
August 19, 2024