ARTICLE 9
The Right to Information and to the Freedom of Expression
173. Article 9 of the Charter stipulates that « every individual shall have the right
to information » (paragraph 1) and that « every individual shall have the right to
express and disseminate his opinions within the law » (paragraph 2). The
freedom of expression, of information and self-information is fully guaranteed in
Tunisia, in the laws and in daily life. Article 8 of the Tunisian Constitution
guarantees not only the individual expression of opinions, but also their
dissemination by all the means of communication for the purpose of informing
others.
I- Guarantees to the freedom of self-information and of information
174. The right to information has great importance due to the vital role that
information plays in sanctioning the diversity of opinions and the freedom of
expression guaranteed by the Constitution.
175. The Telecommunications Code promulgated by virtue of the law n° 2001-1
of 15th January 2001 on the organization of the Communications Sector and the
related services and networks, greatly contributed to the sanctioning of the right
of the citizen to information and this by establishing the rights and responsibilities
of the users of the communications services and by defining the legal guarantees
granted to all the parties concerned. This Code is based on a series of principles
including in particular:
-The solemn affirmation of the right of the citizen to enjoy communication
services, to be guaranteed their confidentiality as well as the putting in place of
mechanisms enabling him to exercise this right;
- The putting in place of legal guarantees permitting the guarantee of all types of
high quality and affordable communication services, throughout the national
territory;
- Guaranteeing equal access to communication services for all citizens.
176. The Tunisian State has pursued the concretization of the right of the citizen
to communication, a right established by Article 3 of the Telecommunications
Code in particular, by:
- offering the citizen the opportunity to chose the service provider, in the area of
communication, thanks to the establishment of the principle of plurality of service
providers for all communication services, like the mobile digital telephone (GSM)
service providers;
- guaranteeing equality of access to communication services for all ctizens and
this by guaranteeing these services under the same conditions throughout the
national territory and at moderate tariffs which are affordable by all sectors of the
society;
- bringing the communication services closer to the citizens thanks to new
commercial agencies opened in all the regions of the country and the connection
of several services;
- extending the connection of the internet network to all the University institutions,
the scientific research structures, the high schools and colleges;
- continuing to offer computers at reasonable prices which are affordable for all
the citizens, notably for citizens with low incomes.
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