Tunisia sentences influencer to 4 years in prison, arrests four others, after new TikTok 'morality law'

A Tunisian court sentenced a social media creator to four and a half years in prison on Thursday for sharing "obscene content," marking the first application of a newly enacted law targeting TikTok and Instagram influencers.

Local radio station Mosaique said the social media creator–whose identity is concealed– primarily shared content on Instagram and TikTok.

She was arrested on 28 October, alongside four other creators on TikTok—two women and two men—whose identities remain undisclosed.

The other four creators are scheduled to stand trial next week, facing charges that include "harassment, intentional expression of obscenities, and immoral or socially offensive behaviour that negatively impacts youth."

This crackdown follows a directive from Minister of Justice Leila Jaffel, who authorised public prosecutors to "take necessary legal measures against individuals using social media, especially TikTok and Instagram, to spread content that conflicts with social values," as stated in a release on 27 October.

Minister Jaffel said she wants to combat the misuse of platforms like TikTok and Instagram "to disseminate content contrary to public morality" and violate the values of Tunisian society.

The minister's new measures have sparked heated debate regarding morality and freedom of speech in the North African nation.

"I think this decision will make TikTok a more organised and peaceful platform for content creators", Hadil Harbaoui, CEO of Gen Z creative agency, noted, highlighting TikTok's growing presence in Tunisia, where it has attracted over a million users.

Harbaoui argues that "inappropriate" live streams have deterred some local brands from fully embracing the platform's marketing potential.

In Tunisia and elsewhere, TikTok Lives, the platform's livestreaming feature, has been particularly controversial – allowing users to interact with viewers who can send monetary "gifts" during broadcasts.

While many Tunisians find it distasteful for influencers to beg viewers for money, some creators occasionally push the boundaries too far, as in a recent TikTok livestream featuring a surgical procedure that went viral in Tunisia.

Meanwhile, a Forbes analysis revealed, in 2022, alarming trends in TikTok Lives, where young girls are often encouraged to engage in borderline exploitative acts for financial rewards.

The platform prohibited livestreaming for users under 18 later that year. However, a recent lawsuit in the United States alleges that TikTok lacks adequate age verification measures.

The New Arab has reached out to both TikTok and Instagram for comments regarding the recent arrests of their creators but received no response by the time of publication.

TikTok law, another Saied's measure to silence critics?

Opposition voices in Tunisia contend that the new social media law is merely a tool to suppress dissent against President Kais Saied, who faces local and international criticism for his authoritarian drift.

President Saied, elected democratically in 2019, later assumed extraordinary powers, rewriting the constitution to consolidate his authority—a move critics have labelled "a coup".

Saied secured re-election in the 6 October election with an overwhelming majority of 90.7%, albeit with a meagre voter turnout of under 30%.

"After the systematic dismantling of the judiciary, the prosecutions of opponents and journalists, and the repression of civil society, it is now social media influencers who are in the regime's crosshairs", wrote Nawaat, a media outlet critical of Saied's regime.

Beyond dance trends and "fit checks," TikTok has also become a popular platform for young Tunisians to express discontent with the country's economic and political situation.

Tunisia legal experts have expressed concerns about the vagueness of the new social media law, arguing that "moral and social values" are broad terms lacking clear legal definitions.

"What is considered morally intolerable in southern Tunisia may not be perceived as inappropriate in urban areas," explained Tunisian lawyer Ahmed Ben Hassan. He argued further that laws based on "social morals" are outdated and do not align with contemporary society.

In recent years, several countries, including Afghanistan, Iran, Kyrgyzstan, Uzbekistan, Nepal, and Somalia, have banned TikTok over moral concerns. Tunisia's neighbour, Morocco, is also contemplating a similar ban.

Meanwhile, the US and various European nations are evaluating restrictions on the Chinese app for data security reasons.