organizations like the LTDH as well as other socio-professional Associations and
Opposition Parties and constitute a real vector of intellectual and political
pluralism.
The Audio-visual Landscape
196. The audio-visual landscape is enriched by the launching of private radio
stations « Mosaïque FM » and « Jawhara FM », of the cultural Radio as well as
the entry into service of the first private television channel « Hannibal TV ». Apart
from the national television and radio programmes, five regional radio stations
cover the various regions of the country. Special radio and television channels
are operated for the young listeners such as « Canal 21 » and « Radio of the
youth ».
197. All these audiovisual mediums deal with the different concerns of the
Tunisians and ceaselessly show a certain audacity in tackling supposedly taboo
subjects such as juvenile delinquence, construction workers, Aids, Divorce,
Employment, etc. The Parliamentary debates are broadcast direct on television.
Televised reports re-broadcast directly the opinions of the representatives of the
Opposition and of civil society.
198. During the presidential and legislative elections of 1999 and 2004, air time
reserved by the radio and television was allocated, under judicial control, to all the
candidates, whatever their affiliation, so that each candidate could present his
programmes to the voters through the audio-visual media with neither distinction
nor discrimination and so that the voter could express his position with full
conviction and with full knowledge of the facts.
199. Nonetheless, the freedom of opinion and of expression should not at all
hinder the dissemination of the values of tolerance. With this in mind, the Tunisian
penal law in effect punishes all calls to fanaticism, to religious and racial hatred
and the perpetration of terrorist acts. In effect, the law n° 2003-75 of 10th
December 2003, relative to the support of international efforts in combatting
terrorism and the repression of money laundering, stipulated in its Article 6, that
« acts of incitement to hatred or to racial or religious fanaticism, whatever the
means used, are subjected to the same system as that of offenses qualified as
terrorist ».
200. Likewise, Article 44 of the Press Code, as amended by the organic law n°
93-85 of 2nd August 1993, stipulates that « shall be punished by imprisonment
ranging from two months to three years and a fine of 1,000 to 2,000 Dinars
whosoever, by the same means mentioned in Artice 42, may have directly either
incited hatred between races, or religions, or populations, or the propagation of
opinions based on racial segregation or religious fundamentalism, or provoked
the perpetration of the offenses outlined in Article 48 of the present Code, or
incited the population to break the laws of the country».
201. Similarly, in accordance with the principles aimed at the elimination of racial
discrimination proclaimed in the International Agreements to which Tunisia has
acceded, Article 44 of the Press Code as amended by organic law n° 93-85 of 2nd
August 1993, had extended the punishment indicated for the perpetrators of
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