diffusion of pornographic pictures. In effect, the pornographic pictures and the
extremist and fascist ideas carried by the Internet network are becoming
increasingly dangerous elements for democratic and pluralist culture and for
public ethics. It is therefore becoming essential to put the Internet network in the
centre of a public and civic battle in order to control its content and its circulation
so as to protect the freedom of self-information and information. Pluralism presupposes, among other things, the civic ownership of the challenges of
information provided by the Internet network. In a complex world with accelerating
changes and real dangers, the access to the Internet network poses a real
cultural challenge.
183. Nonetheless, the right to self-information does not mean the absence of all
rules, of permissiveness and violation of the accepted standards of behaviour.
Indeed, the culture of the Net can in no way become an Islamist mode of
fabricating the realm of fancy of the youth in Tunisia. In any case Tunisian law
prohibits the incitement to hatred and all forms of incitement to commit terrorist
acts. In fact, the incitement to commit crimes or acts of religious or ethnic
fanaticism is considered by the law as itself being an act of terrorism.
By virtue of the law n° 93-112 of 22nd November 1993, completing the Penal
Code (Article 52 bis), the Tunisian legislator considered the acts of incitement to
hatred, to racial and religious fanaticism as terrorist offenses and has made
provision for the severe punishment of their perpetrators.
II- Guarantees to the Freedom of Opinion and of Expression
184. During the period covered by this Report, different measures had been taken
by Tunisia to ensure the wider implementation of the freedom of opinion and of
expression and to promote pluralism in the media. Thus, amendments had been
made in the Press Code, notably in 1993, 2001 and 2006 to enable the journalists
assume their role in total freedom and to enjoy a conducive climate for the
exercise of their activities.
185. In this context, the promulgation of the organic law n° 2001-43 of 3rd May
2001, amending the Press Code, was introduced to lighten the procedures in
force relating notably to:
- The suppression of the offense of libel towards the Public Order, stipulated in
Article 51 of the Press Code, due to the lack of clarity of this notion and of the
multiple possible interpretations which could result in abuse;
- The amendment of paragraph 2 of Article 8 relative to the legal submission of
litterary works so as to avoid the centralization of submissions to the Ministry of
the Interior;
- The amendment of paragraph 2 of Article 73 of the Code and this, by reducing
the maximum length of the suspension of the publication of a Daily newspaper,
likely to be decided by the court, from six to three months;
- The removal of imprisonment sentences from Articles of a repressive nature of
the Press Code (Articles 35, 36, 37, 38, 39, 45, 61 and 62) so that this Code
remains one that organizes freedom and not a Code that suppresses the freedom
of the Press;
- The amendment of Article 15 bis of the Code through the increase in the
number of journalists holding the professional card and holders of university
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