Article 9:
Right to information and freedom of expression
188. Among the reforms implemented by Algeria, the information and communication sector has
experienced significant reforms.
189. Articles 36, 38 and 41 of the Algerian Constitution guarantee the right to freedom of
expression and the right to information, and the law on information has been given the higher
status of organic law, which shows the importance given to press freedom by the Algerian
institutions.
190. Organic Law No. 12-08 on information, promulgated in January 2012, was introduced to
materialise this vision which is crucial in consolidating the rule of law and democracy. The said
law guarantees the following:
- Right to information and press freedom: Article 1 of the law stipulates that information
and press freedom are a right. Article 2 provides that the right shall be exercised freely,
within the framework of the laws in force.
- Protection of journalists and the improvement of their social and professional
conditions by strengthening their professional rights: in order to enable journalists to
exercise their profession and to be protected against pressure, the law guarantees their
right to professional secrecy (Article 85). The law also allows journalists to exercise
their profession under good working conditions as a result of the obligation of employers
to provide journalists with employment contracts, a life insurance policy for missions in
dangerous areas, and provide continuous training.
- The right to have a national journalist’s badge and the future preparation of the
Journalists’ Statute are part of the progress made following the enactment of the law.
- Right of access to sources of information (Articles 83-84): under the organic law,
institutions and administrative services are obliged to facilitate access to sources of
information for journalists.
- Simplifying the procedure for creating publications: previously subject to an
authorisation by the judicial authorities, after investigation by the competent services,
the creation of publications is now authorised by the independent print media regulatory
body provided for under the organic law.
- Opening up of the audio-visual media to the Algerian private sector: this is a key
contribution of the organic law, since opening up to the private sector will enhance
citizens’ right to diversity of information, allowing them access to several as well as
quality programmes.29
- Regulation of the information sector:
- With an end, brought about by this law, to monopoly on audio-visual media
and in order to ensure, in particular, greater fairness and transparency in the
allocation of radio spectrums and the granting of audio-visual licences, the law
on information provides for the establishment of an independent audio-visual
regulatory authority (Articles 64-65).
29
The law on audio-visual media was enacted in 2014, and was published in Official Gazette No. 16 of 23
March 2014.
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