On October 1, 2025, a Tunisian court handed down a death sentence to Saber Chouchane, a 51-year-old day laborer, over a series of Facebook posts deemed offensive to President Kais Saied and threatening to state security. The ruling, delivered by a court in Nabeul, east of Tunis, marks a historic and deeply controversial moment in Tunisia’s modern legal and political landscape. According to multiple sources, including AP, Reuters, and AFP, this is the first time in Tunisia’s post-revolution era that capital punishment has been applied for online speech.
Chouchane’s conviction stemmed from three core charges: attempting to overthrow the state, insulting the president, and spreading false information online. Judges asserted that his posts incited violence and chaos, violating both Tunisia’s penal code and the 2022 cybercrime law, known as Decree 54. Some of the posts were also classified as incitement, and the charges extended to include insults against the justice minister and the judiciary, as reported by AFP.
Chouchane, who has been in pretrial detention since January 2024, is described by his lawyer Oussama Bouthelja as a socially vulnerable father of three with a permanent disability from a workplace accident. He is an occasional day laborer with limited formal education and little online influence. "Most of the content he shared was copied from other pages, and some posts received no engagement at all," Bouthelja wrote in a Facebook statement, as cited by AP. In court, Chouchane reportedly stated that his intent was not to incite unrest, but rather to draw attention to his difficult living conditions.
The verdict, which has already been appealed, has ignited a firestorm of criticism both within Tunisia and abroad. The Paris-based Tunisian human rights group CRLDHT called the sentence "a serious precedent" and said Tunisia has "reached unprecedented levels of human rights violations," urging Chouchane’s "immediate release." The Tunisian League for Human Rights also condemned the ruling, while activists and ordinary Tunisians took to social media to express shock, ridicule, and alarm. Many described the judgment as a deliberate attempt to instill fear among critics of President Saied, warning that such harsh measures could further stifle free expression and deepen political tensions.
Decree 54, enacted in September 2022, criminalizes the production, dissemination, or sharing of "false news" with the intent to infringe on others’ rights, harm public safety or national defense, or sow terror among the population. Since its passage, journalists and human rights organizations have denounced the law as a tool for authorities to curb freedom of expression. According to Reuters, dozens of Saied’s critics have been prosecuted under Decree 54, with many now behind bars. The law’s sweeping language and broad application have raised concerns about the erosion of civil liberties in the country once hailed as the Arab Spring’s democratic success story.
Despite the severity of the sentence, Tunisia has not carried out an execution since 1991. Capital punishment remains codified for crimes such as inciting armed chaos or attempting to change the state structure through violence, but in practice, death sentences are rarely enforced. Courts continue to issue such sentences, however, and the Chouchane case marks a dramatic escalation in the use of the penalty for online expression.
The context surrounding the ruling is crucial. President Kais Saied, elected in 2019, seized sweeping powers in July 2021 by suspending parliament and consolidating control over all branches of government. Critics, including much of the opposition, have labeled this a coup and accuse Saied of returning Tunisia to authoritarian rule. Since then, most prominent opposition leaders have been imprisoned on various charges, and the president continues to rule by decree. Judicial independence has come under intense scrutiny, with many accusing the courts of acting on political instructions. Saied, for his part, has repeatedly insisted that the judiciary remains independent and that individual freedoms are protected. Yet, as AFP notes, these assurances have done little to assuage concerns among rights groups and international observers.
The details of Chouchane’s social media posts remain unclear, as the court has not made the content public and has offered no comment on the case. However, Bouthelja maintains that his client’s posts were largely copied from other pages and garnered little attention online. The defense argues that Chouchane’s lack of influence and his vulnerable social position make the severity of the punishment all the more troubling. "We are a family suffering from poverty, and now oppression and injustice have been added to poverty," Saber's brother Jamal Chouchane told Reuters by phone, expressing disbelief and distress at the court’s decision.
The ruling has also triggered ridicule and outrage on Tunisian social media, with many users posting satirical comments and memes about the state’s priorities and the use of the death penalty for Facebook posts. The backlash reflects a broader anxiety about the direction of Tunisia’s political system, especially as the country grapples with economic hardship, rising unemployment, and growing disillusionment with the post-revolutionary order.
Internationally, the case has drawn condemnation from rights organizations and press freedom advocates. Many argue that applying the death penalty for online speech is a dangerous and disproportionate response, setting a precedent that could have chilling effects on free expression across the region. Tunisia, once seen as a beacon of hope for democracy in the Middle East and North Africa, now faces accusations of sliding back toward authoritarianism, with the Chouchane case serving as a stark symbol of that shift.
For now, Chouchane’s fate remains uncertain as his legal team prepares to appeal the sentence. The justice ministry has not commented on the case, and it is unclear how higher courts will respond. What is certain is that the verdict has sent shockwaves through Tunisian society and beyond, raising profound questions about the future of free speech, judicial independence, and human rights in a country that once inspired a region with its democratic aspirations.
The story of Saber Chouchane—a socially vulnerable, disabled father of three sentenced to death for sharing Facebook posts—now stands at the crossroads of Tunisia’s ongoing struggle between the ideals of the Arab Spring and the realities of resurgent authoritarianism.
