Social Media Slander, Defamation and Insult: Authentic Bailiff Reporting

Direct answer: what should you do in case of defamation on Facebook in Tunisia?

In the event of insults, attacks on your honour or defamation on Facebook in Tunisia, the absolute priority is to secure the evidence before the author deletes the post or their account. A simple screenshot taken by yourself will systematically be challenged before the criminal chamber. You must urgently ask a huissier de justice (judicial officer) to draw up an internet inspection report, a competence conferred by Organic Law No. 2018-9 of 30 January 2018 (article 13). The public officer connects, describes the technical protocols (IP address, exact URL, profile identifier, timestamp, comments, shares and public reach), giving your criminal complaint a solid evidentiary basis (the report is authoritative until challenged through a forgery proceeding). With this report in hand, you can file a complaint with the Public Prosecutor on the basis of articles 245 and 247 of the Penal Code, Decree-Law No. 2022-54 and article 86 of the Telecommunications Code.

The steps at a glance

1. Applicable legal texts in Tunisia (Penal Code & Decree 54)

Cyber-defamation and offences committed via social networks fall under strict criminal provisions:

• Tunisian Penal Code: articles 245 and 247 defining and punishing defamation (القذف) and slander or public insult (السب العلني).
• Decree-Law No. 2022-54 of 13 September 2022 on combating offences relating to information and communication systems.
• Telecommunications Code: article 86 punishing the act of harming others or disturbing their peace through public telecommunications networks.
• Organic Law No. 2018-9 of 30 January 2018 (article 13): legal basis conferring exclusive competence on the huissier de justice for any material and digital inspection.

2. Why act urgently?

On social networks, evidence is by nature volatile:

• The author of a defamatory post can delete it as soon as the first reactions appear.
• They can block your profile or change the privacy settings (switching from "public" to "friends only").
• Once the content has been erased without a prior inspection report, bringing criminal proceedings or claiming damages becomes extremely complex.

3. Technical protocol followed by the huissier de justice

So that the internet inspection report suffers from no formal defect before the Tunisian criminal courts, the huissier de justice complies with a set of technical requirements:

1. Description of the IT environment: Recording of the connection IP address of the office, synchronisation of the system clock and clearing of the browser caches.
2. Recording of the exact URL of the account and of the post: The unique address leading to the offending status, not simply to the Facebook home page.
3. Full screen capture: Full text of the post, shared photos or videos, number of "likes", shares and offending comments.
4. Identification of the presumed author: Recording of the biographical details visible on the public profile (name, photos, stated profession, numerical identifier).

4. Procedural steps after the inspection report

With the report drawn up by Maître Nabil Baffoun:

• You can file a criminal complaint with the Public Prosecutor at the territorially competent Court of First Instance.
• You can join the proceedings as a civil party to seek full compensation for the moral and commercial damage suffered.

For more information: Huissier de justice inspection reports in Tunis.

Contact the Office of Maître Nabil Baffoun — Internet Emergencies

• 📞 Intervention telephone: +216 99 442 883
• 📍 32 Avenue de la Liberté, Lafayette, 1002 Tunis
• 📝 Consultation form