Insights

Cybercrime refers to “any illegal, unethical or unauthorized behavior involving automatic data processing and/or data transmissions”. In general, acts of cybercrime fall into two broad categories:

• Acts that target computers: this through malicious programs to damage devices or prevent them from functioning or even to delete, steal or falsify data.

• Acts that use computers to commit other crimes through the illegal dissemination of information or images through computers or networks. This is how Decree-Law No. 2022-54 of September 13, 2022, relating to the fight against offenses relating to information and communication systems (hereinafter Decree-Law 2022) has just seen the light of day to fight against all practices of a cybernetic nature. Under Decree Law 2022, several cyber attacks are now considered punishable crimes. Composed of five chapters containing 38 articles, this Decree-law aims to establish the provisions aimed at preventing offenses relating to information and communication systems and their repression, as well as those relating to the collection of related electronic evidence. and to support the international effort in the field, within the framework of international, regional and bilateral agreements ratified by the Tunisian Republic.

The Decree-Law 2022 presents itself as a means of prevention against any offense relating to information and communication systems, in particular infringement of personal data, copyright, unequal access to the information system 2 , the dissemination of falsified data and defamation.