Algeria’s New Press Bills Aim to Modernize Media Landscape, Regulate Print, Online, and Audiovisual Platforms, and Safeguard Journalistic Ethics, Take a Look!

BY: Dr. Hana Saada

ALGIERS- Dec 04th, 2023- The recently adopted laws concerning print, online, and audiovisual media have been officially published in the latest issue of the Official Gazette (JO), dated December 2, 2023 (Issue No. 77).

These legislative texts, approved by both chambers of the parliament last week, outline the provisions of the organic law related to information. Notable for their clarity and straightforward approach, these laws aim to uphold the principles of freedom of expression in accordance with the Constitution and the commitments of the President of the Republic.

The objective of these laws is to address observed shortcomings in the regulations governing the media sector, establishing a robust media system, promoting professionalism, and safeguarding the rights of all stakeholders. Simultaneously, the legislation aims to align the practice of this activity with the provisions of Article 54 of the Constitution.

With these laws in effect, the government aims to foster a strong and responsible media landscape, ensuring that the freedom of expression is exercised responsibly and in compliance with constitutional principles. The regulations mark a step forward in adapting the media sector to contemporary challenges while emphasizing the importance of professionalism and the protection of fundamental rights.

New Press Law in Algeria Regulates Print and Online Media

Algeria’s Press Law, covering both print and online media, establishes a system of permits for periodic publications and electronic newspapers. This aligns with Article 54 of the 2020 Constitution. The law assigns responsibilities to the Press Regulation Authority, established by the Organic Law on Information, to regulate the activities of print and online media.

In case of violations, the Press Regulation Authority has the power to notify relevant judicial authorities for temporary or permanent suspension of periodic publications and electronic newspapers. It also grants the authority automatic intervention rights for the violators’ justifications.

The law emphasizes the principle of diversity of opinions, preventing monopolies of periodic publications and online newspapers. It restricts the number of publications or newspapers that an individual with Algerian nationality or legal entities subject to Algerian law can own or control for public information.

In response to the same principle, it has been emphasized that contributing to the social capital is not permissible for more than one periodic publication or online newspaper for public information. This is subject to a declaration signed by the publication director, accompanied by a file deposited at the Ministry responsible for communication, against a receipt serving as approval for publication. This approval is non-negotiable and the Ministry forwards a copy of it along with the attached documents to the Press Regulation Authority for print and online media.

The declaration includes the publication’s title, subject, periodicity, place of publication, legal nature of the publishing entity, components of its capital, and its source. The publication director must hold only Algerian citizenship, possess a university degree or an equivalent recognized certificate, and have at least 15 years of proven experience with the National Social Security Fund. The director should not have a criminal record related to corruption or any actions compromising integrity.

Foreign periodic publications require prior authorization from the competent ministry for issuance or importation, while publications intended for free distribution are subject to prior approval from the Ministry of Foreign Affairs.

For online media, Article 31 outlines conditions for the publishing director, including Algerian citizenship, a university degree, an equivalent recognized certificate, a minimum of five years of proven experience, and no criminal convictions related to corruption.

Concerning the Authority for Regulating Print and Online Media, it is responsible for ensuring the transparency of the economic regulations governing periodic publications and online newspapers. Additionally, it oversees the quality of informational content and works towards promoting and highlighting national culture in all its forms. The authority is tasked with upholding legislative and regulatory standards related to advertising and is mandated to establish mechanisms to verify and monitor the information presented, especially in the realm of financing.

The Press Regulation Authority, consisting of nine members appointed by the President based on the Prime Minister’s proposal, oversees the economic transparency of publications. Members, selected for their expertise in technical, legal, economic, and journalistic fields, serve a renewable term of five years. They are obligated to refrain from public positions on matters the authority addresses, ensuring unbiased regulation.

Legal Consequences for Non-Compliance: Criminal Provisions in Algeria’s Press Legislation

The bill also addresses the criminal provisions in the event of content violations. Articles 74, 75, and 76 stipulate penalties for any individual issuing a periodic publication or establishing an online newspaper without completing the necessary declaration procedures. Similarly, any publishing entity failing to declare any modifications to the constituent elements of the declaration is subject to a fine ranging from two hundred to five hundred thousand DZD.

In the same vein, Article 77 outlines penalties for printing establishments that print periodic publications and hosting services that host an online newspaper without the required declaration, imposing fines ranging from one hundred to five hundred thousand DZD.

Article 80 of this draft law obliges active periodic publications and online newspapers to comply with its provisions within a period of six months from its issuance. Additionally, Article 81 designates the Ministry responsible for communication to assume the duties and powers of the authority until its formal establishment.

Legislative Framework Enhancing Freedom of Expression Guarantees in Alignment with Constitutional Principles

The new laws, consisting of 55 articles, address the need for the media sector to organize its profession while considering the requirements of public service tasks and the public interest. These laws reflect the public authorities’ desire to bring an innovative character to this amendment in line with the principles outlined in the constitution, accommodating technological advancements and aligning with international standards.

The introduced provisions contribute to enhancing the freedom of written, audiovisual, and electronic journalism. They aim to promote journalism deeply rooted in the national reality, conscious of the challenges, and committed to professional ethics.

One of the key focal points outlined in the legislative project is the establishment of a declaration system, based on the principle enshrined in Article 54 of the constitution, advocating for simplified procedures in the creation of periodicals as opposed to the current complex processes.

Regarding the creation of the Regulatory Authority for the Written and Electronic Press, the law designates it as a public authority endowed with legal personality, financial and administrative independence. This authority is tasked with regulating the activities of both written and electronic press.

In this context, the legislative project specifies that, to exclude those with corrupt financial backgrounds from investing in the media sector, media outlets are required to declare their ownership of pure national capital. They must also provide evidence of the source of invested funds and the necessary funds for their operations to the Ministry responsible for communication or the National Independent Authority for Audiovisual Regulation, depending on the type of activity.

In the field of audiovisual media, the fundamental law of the Audiovisual Regulatory Authority has been amended to grant it “special status, in addition to its assigned tasks, the responsibility of regulating and monitoring audiovisual communication services over the internet, alongside traditional audiovisual communication services.”

Regarding the regulation of the journalism profession, the necessity of “establishing a specific fundamental law that defines the conditions for practicing the profession and the rights and duties associated with it” has been emphasized, with a referral to regulations to delineate various categories of journalists, journalism assistants, and professions related to journalistic activities.

On another note, this legislation ensures “the journalist’s right to freedom of expression within the framework of respecting the constitution, provisions of this organic law, and applicable laws.” It also provides protection against “any form of violence or insult during and on the occasion of performing their duties, enabling them to exercise their work free from any pressure.”

The law stipulates that the journalist has “the right to access information sources unless the news concerns compromising national defense, as defined in the current legislation, state security and sovereignty, the confidentiality of preliminary and judicial investigations, legitimate interests of institutions, and the private lives and rights of others.”

According to the provisions of the legal text, a Higher Council for the Ethics and Morals of the Journalistic Profession is established, consisting of 12 members. The President of the Republic appoints 6 members from qualified individuals and experts in the journalistic field, while the remaining 6 are elected from journalists and publishers affiliated with accredited national professional organizations.

The journalist is obligated, during the practice of their journalistic activities, to strictly adhere to the rules of professional ethics and morals outlined in the Charter of Ethics and Morals of the Profession. This charter is prepared and endorsed by the Higher Council for the Ethics and Morals of the Journalistic Profession.

Particularly, the journalist must refrain from “publishing or broadcasting false or malicious news, endangering individuals, glorifying colonialism, insulting national memory, and revolutionary symbols, as well as directly or indirectly praising racism, terrorism, bias, and violence.” Additionally, it is prohibited to “directly or indirectly disseminate hate speech and discrimination.”

Without violating existing legislative provisions, the two laws specify that “any violation of the rules of ethics and morals of the journalistic profession exposes the offenders to disciplinary penalties determined and mandated by the Higher Council for the Ethics and Morals of the Journalistic Profession.”

President Tebboune: Architect of Algeria’s Media Renaissance

The era of the “Black Decade” stands as a pivotal chapter in the history of Algerian media, reshaping its form and style. Despite the tragic challenges faced by journalists during that period, it became a catalyst for introducing media pluralism. Since then, Algerian media has undergone a gradual transformation, witnessing the emergence of numerous newspapers and channels that played a crucial role in establishing freedom of opinion, expression, and addressing sensitive issues transparently and credibly.

This media diversification opened the doors to competition among media outlets, propelling Algerian journalists to the forefront of major Arab and global newspapers and television networks. Additionally, it is crucial to acknowledge that both public and private Algerian media have consistently aligned with the values of the Algerian state, particularly regarding the Palestinian and Sahrawi issues, as well as supporting liberation movements worldwide.

While media was traditionally regarded as the “fourth estate,” today, many specialists consider it the “first estate” due to its significant role both domestically and internationally. Media has evolved into a geopolitical player and a fundamental tool in consolidating democracy and enhancing national unity.

Media now plays a new role directly associated with the principles of security and stability. As witnessed globally, certain nations have faced destruction and disintegration through modern media or what is known as alternative media.

President Abdelmadjid Tebboune has recognized the importance of alternative media, particularly online platforms, in defending Algeria’s interests. Despite contemporary ideological rigidity, he has prioritized electronic media sites. The strength of electronic media lies in its immediacy, speed in processing topics using various multimedia channels, and its cost-effectiveness.

President Tebboune’s initiatives faced challenges, including legal and regulatory obstacles. However, his leadership has paved the way for a new media landscape. The President’s directives and the urgency he emphasized culminated in the enactment of  new media laws, aligning Algeria’s regulations with global developments.

President Tebboune’s challenge to establish a comprehensive media system was not arbitrary; it was a deliberate and strategic endeavor. The emphasis on the national electronic economy, supporting small and medium enterprises, underscores a visionary approach. President Tebboune views the prospects of Algeria’s new media through a functionalist lens, where the economy complements media, and vice versa.