DR. MONCEF MARZOUKI, TUNISIAN HUMAN RIGHTS DEFENDER, IN COURT THIS WEEKEND ON CRIMINAL CHARGES – ARTICLE 19 CALLS FOR CASE TO BE DROPPED ARTICLE 19, the Global Campaign for Free Expression, today called for charges against Tunisian human rights activist Moncef Marzouki to be dropped before his case comes to court on Saturday 16 December.(1) […]
DR. MONCEF MARZOUKI, TUNISIAN HUMAN RIGHTS DEFENDER, IN COURT THIS WEEKEND ON CRIMINAL CHARGES – ARTICLE 19 CALLS FOR CASE TO BE DROPPED
ARTICLE 19, the Global Campaign for Free Expression, today called for charges against Tunisian human rights activist Moncef Marzouki to be dropped before his case comes to court on Saturday 16 December.(1) Dr Marzouki faces a prison sentence if convicted of charges which include “spreading false news that could disturb public order” and defamation.(2)
According to Andrew Puddephatt, Executive Director of ARTICLE 19, “As long ago as 1995, the UN Human Rights Committee noted, in respect to Tunisia, its ‘concern that those sections of the Press Code dealing with defamation, insult and false information unduly limit the exercise of freedom of opinion and expression.'(3)
“We urge the Tunisian government to honour its international and constitutional obligations by dropping the case against Dr. Moncef Marzouki and initiating a process to ensure that Tunisia’s laws guarantee freedom of expression,” Mr Puddephatt added.
ARTICLE 19’s Principles on Freedom of Expression and Protection of Reputation(4) state that public authorities should take no part in the initiation or prosecution of criminal defamation cases. Furthermore, actual or suspended prison sentences should never be available as a sanction for a breach of defamation laws, no matter how egregious or blatant the defamatory statement.
Notes:
1. ARTICLE 19’s public statement of support for Dr. Marzouki is on our website at www.article19.org/docimages/891.htm. It provides an analysis of the incompatibility of false news provisions with international and constitutional guarantees of freedom of expression, noting national and international cases and statements by bodies on the issue of false news, including the specific mention of Tunisia.
2. The charges are being brought under Articles 49 and 72 of the Tunisian Press Code. Article 49 of the Tunisian Press Code provides for up to three years’ imprisonment for the bad faith publication of false news which has, or is likely to, disrupt public order. Conviction on defamation charges can also result in imprisonment and/or a fine.
3. Annual General Assembly Report of the Human Rights Committee, UN Doc. A/50/40, 3 October 1995, para. 89.
4. Defining Defamation (July 2000) is on our website at www.article19.org/docimages/832.htm (en français) and www.article19.org/docimages/714.htm (in English). The principles are based on international law and standards, evolving state practice and the general principles of law recognised by the community of nations.
