Recording Individuals Without Consent: A Violation of Tunisian Legislation
Recording or filming individuals without their prior consent is a violation of Tunisian legislation regarding the protection of private life, punishable by criminal penalties. Lawyer Anis Zine, a lawyer at the Court of Cassation, detailed the legal framework applicable to unauthorized recording of conversations on November 2, 2025, on Diwan FM.
Legal Framework and Penalties
Tunisian legislation provides for criminal penalties for this type of offense. Prison sentences can reach up to five years, and financial sanctions are added to the deprivation of liberty. The fines provided for this offense can amount to up to 500,000 dinars. The lawyer also mentioned the existence of complementary penalties in the applicable legal arsenal.
Consent Requirement
According to the lawyer's explanations, any recording of images or voices requires prior authorization from the person concerned. The absence of consent makes the act illegal. The speaker explained that the law aims to protect individuals who may be in a vulnerable situation during a conversation.
Characterization of the Offense
The offense is characterized when the recording is followed by the exploitation of the captured words. The publication or subsequent use of these recordings, regardless of their content, constitutes an aggravating circumstance under the legislation on the protection of private life and individual freedoms.
Protection of Vulnerable Individuals
The law seeks to protect individuals who may be in a vulnerable situation during a conversation, and the unauthorized recording of such conversations can have serious consequences. It is essential to obtain prior consent before recording or filming individuals to avoid any legal repercussions.
