"It's the return of the morality police on social media!" said Wassim El Pocho (a pseudonym), a content creator on Instagram and TikTok. In the world of Tunisian influencers, all hell broke loose on October 27, three weeks after the re-election of the president, Kais Saied, with 90.7% of the vote, following a statement from the Ministry of Justice.

It announced that legal proceedings would be initiated against "any person who intentionally engages in the production, dissemination or publication of information, images or videos likely to harm moral values." The warning was aimed specifically at the TikTok and Instagram platforms, accused of disseminating content contrary to "public decency" and "likely to negatively influence young people's behavior."

Between October 31 and November 6, at least seven influencers, each with hundreds of thousands of followers, were sentenced to prison terms ranging from 18 months to four and a half years, primarily for content deemed contrary to public decency. These judicial rulings were based on provisions from the penal code and the telecommunications code. "The content in question was mostly considered erotic, vulgar, or viewed as harassment or incitement to violence," explained Nour Shaiek, one of the defendant's lawyers. "They compounded the sentences by applying multiple legal provisions to a single act. We were all shocked by the severity."

Farid Ben Jha, spokesperson for the courts of Monastir and Mahdia, confirmed on November 6 on national radio that the maximum penalties were imposed as a deterrent.

Among those incarcerated is famous Instagrammer Lady Samara, with over a million followers. Five months pregnant, she was sentenced at first instance to three years and two months in prison for making sexual comments (among other things). "During my client's hearing, when she questioned the illegality of her videos, the judge retorted that the issue was more moral than legal," said her lawyer, Ghazi Mrabet, who has appealed the decision. He hopes that the sentences will be reduced, but believes that by imposing such severe penalties, the courts are trying to "instill fear, as they do with journalists."

In addition, search warrants have been issued for other content creators, some of whom are on the run or abroad.

For essayist and political scientist Hatem Nafti, author of Notre Ami Kais Saied. Essai sur la Démocrature Tunisienne ("Our Friend Kais Saied: An Essay on Tunisian Democracy," untranslated, September 2024), this repressive penal policy is "generally effective." On social media, many content creators and artists have expressed their concern, some even deleting their posts or restricting access to their accounts. "Kais Saied sees himself as the father of the nation; he's there to prescribe a moral code," said Nafti. "This goes hand in hand with the permanent scapegoat policy. Influencers, like migrants before them, are the current sacrificial victims. They are seen as a danger to society."

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