Morocco's public prosecutor on Friday decided to release rights activist Fouad Abdelmoumni, 66, two days after his detention, but to initiate proceedings against him "for spreading false claims".
Abdelmoumni was taken into custody on Wednesday on charges of "reporting a knowingly fictitious crime" and "spreading numerous false claims", the public prosecutor's office told the state news agency MAP on Thursday.
He was detained following a Facebook post referencing Morocco's alleged spying on France in 2021, in which he alleged Rabat had used Israeli-made Pegasus spyware for espionage against Paris, according to local media.
His lawyer Mohamed Nouini said Abdelmoumni was freed after appearing in a Casablanca court which decided that the case against him would proceed while he was at liberty.
Abdelmoumni, a member of the Alliance of the Left Federation party, once headed the anti-corruption NGO Transparency Morocco.
He was taken into custody on the same day French President Emmanuel Macron ended a three-day state visit to Morocco aimed at mending relations that had been strained in recent years.
In 2021, Morocco was accused of deploying Pegasus to monitor prominent figures, including Macron.
These allegations were based on a report by investigative outlet Forbidden Stories and rights group Amnesty International, which Morocco called "baseless and false".
The spyware, developed by Israeli firm NSO Group, can infiltrate mobile phones, extracting data and activating cameras.
"France, which sees its position decline among all nations, would not want to give in to the blackmail of a weak state which uses all the means of pressure at its disposal... including espionage," Abdelmoumni posted on Facebook on Tuesday, during Macron's visit.
MAP on Friday quoted the prosecution as saying Abdelmoumni was being prosecuted for "insulting constituted bodies", "reporting a knowingly fictitious crime" and "spreading false claims".
His lawyer said Abdelmoumni should not be prosecuted "because this is a case of freedom of expression", but he called his client's release "a just decision".
The prosecutor's office argues that he exceeded the limits of freedom of expression and made "allegations detrimental to the kingdom's interests".
The trial is expected to start on December 2.