1976, with the aim of providing greater protection for the private lives of individuals. The second
article is an executive article.
27. Article (370) as stated in the proposed law stipulates that, “A prison sentence and a fine of not
less than five hundred dinars and not more than one thousand dinars, or either of these
two penalties, shall be inflicted upon any person who violates the sanctity of private
or family life of individuals by committing one of the following acts in circumstances
other than those prescribed by law or without the victim’s consent: 1. Eavesdropping or
peeking by any means at a private place; 2. Taking or transmitting a picture or video
of a person directly or in an improper situation or in a private place; 3. Preparing or
transmitting a conversation, picture or video of a person in an inappropriate situation,
even if such is fake; 4. Recording or transmitting a private conversation that took place
in a public or private place 5. Reporting news or comments related to the private or
family life of individuals if such act is intended to offend them even if it is true; 6.
Taking or transmitting pictures or videos of those injured in accidents or the corpse of
a deceased. If such acts are committed with the knowledge of the persons concerned
without objecting at the time, then their consent shall be presumed. A penalty of
imprisonment and a fine of not less than one thousand dinars shall be imposed if
the acts referred to in the first paragraph of this Article are accompanied by any of
the following: 1. Dissemination through any means of communication or by any other
means. 2. Matters affecting honor. If the two preceding circumstances are present in
the crime, the penalty shall be imprisonment for a period not exceeding five years and
a fine of no less than three thousand dinars. It is not permissible to prosecute or initiate
preliminary investigation procedures for the crimes stipulated in this article except
upon a complaint from the victim or one of his heirs. The judge, if a guilty verdict is
passed, must order the confiscation of the means used in committing the crime, without
prejudice to the rights of bona fide third parties.”
28. Article (372), as stated in the proposed law, stipulates that, “A penalty of imprisonment and
a fine of no less than five hundred dinars and not more than two thousand dinars shall
be inflicted upon any person who opens a letter or telegram without the consent of
the addressee. The offender shall be punished with imprisonment or a fine of no less
than one thousand dinars and not exceeding two thousand dinars, or one of these two
penalties, if he discloses the content of the letter or telegram to a person other than that
to whom it is addressed and without his/her permission, whenever such action would
cause harm to others”.
29. The NIHR concluded in its advisory opinion that it agrees with the goals and objectives of the
proposed by law to amend the provisions of the Penal Code issued by Decree-Law No. (15) of
1976, as it covers cases not mentioned in the Law in force, and provides for harsher penalties
imposed upon the perpetrator. Such cases are worthy of legal protection regarding respect and
protection of private and family life of individuals.
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