Tunisia: RSF condemns anti-terrorism charges against Zied el-Heni, which threaten the protection of journalistic sources

On 16 October, Zied El Heni will appear before the Fifth Chamber of the Tunis Court of First Instance, which specialises in terrorism cases. This hearing is part of proceedings initiated in 2023 by counterterrorism authorities over leaked audio recordings attributed to Mondher Ounissi, the former interim president of the Ennahdha political party.

According to the journalist's defence team, an anti-terrorism unit initially summoned Zeid el-Heni as a witness on September 15, 2023, after he mentioned the recordings during a 7 September radio broadcast, explaining that he had contacted the individuals involved to verify their authenticity. Investigators requested access to his phone. There, they found an email containing a court order sent to him in connection with his journalistic work. He was then questioned as a defendant on four charges: participation in the formation of a terrorist organisation or conspiracy; providing or disseminating information for the benefit of individuals linked to terrorist offences; failure to report information relating to an alleged or proven terrorist offence; and contacting agents of a foreign power with the intent to harm Tunisia's diplomatic interests. The journalist faces up to 20 years in prison.

"Following the search of his phone, my father is facing four terrorism-related charges," says his daughter, Ithar el-Heni. One of these charges in particular - "failure to report certain information to the authorities," "including information protected by professional confidentiality" - constitutes"a direct criminalisation of the protection of journalistic sources," she says.

This charge, which illustrates the instrumentalisation of legal proceedings targeting journalists, raises a major issue for the practice of journalism in Tunisia.

By making "failure to report" a potential basis for a terrorism-related offence - including when it concerns information covered by professional secrecy - this legal action could directly undermine journalists' right to protect their sources.

On 25 June, the Tunis Court of Appeals upheld the journalist's one-year prison sentence, handed down under Article 86 of the Telecommunications Code for "causing harm to others via public communication networks." This conviction stems from remarks he made at an academic conference, in his capacity as a journalist, criticising the legal proceedings against his colleague Khalifa Guesmi, which were later shared in a Facebook post.

This decision automatically triggered the enforcement of another six-month suspended prison sentence, handed down in January 2024 after the journalist criticised the Minister of Commerce. According to his defence team, Zied el-Heni must therefore serve a total of 18 months in prison.

Tunisia ranks 137th out of 180 countries and territories in RSF's 2026 World Press Freedom Index.