ARTICLE 19 calls on the Government of Algeria to abolish three new media laws, adopted in 2023, as they fail to meet international human rights standards on freedom of expression. While urging the full revisal of the laws, we propose that the Algerian government commits to certain immediate interim steps to prevent further deterioration of the environment for freedom of expression and media freedom in the country.
In 2023, Algeria adopted three new media laws: the organic law on information, the law on the written and electronic press, and the law relating to audio-visual activity (the Media Laws). These laws were adopted despite strong criticism from ARTICLE 19, MENA Rights Group, and others, that numerous of their provisions violate human rights law and international freedom of expression standards.
ARTICLE 19 understands that civil society in Algeria may wish to persuade the government to mitigate some of the human rights impacts of the Media Laws during their implementation phase. In light of this, to address the threats to media independence in Algeria and limit the backward steps represented by the Media Laws, we propose that the Algerian government could commit to certain immediate interim steps to prevent the use of these laws to quash freedom of expression and media freedom in the country.
Our proposals focus on two aspects: firstly, the appointment process and composition of members within the regulatory authorities established by the Media Laws, and secondly, the executive’s influence over matters concerning audio-visual activity.
However, ARTICLE 19’s position remains clear. The new Media Laws violate freedom of expression standards in multiple ways and there is no possible interpretation of these laws in their implementation that can bring them into alignment with human rights. Only by repealing them can Algeria comply with its international human rights obligations.
1. The appointment process and composition of members within the regulatory authorities
The Media Laws establish three different regulatory authorities over the media: the Regulatory Authority for Audiovisual, the Regulatory Authority for Print and Electronic Media, and the High Council for Ethics and Deontology.
At the outset, we note that regulating the written and electronic press is unnecessary and can easily become a tool for suppressing critical voices. Unlike broadcast media – where there are technical constraints on the number of channels – the written and electronic press present very few distinctive features which demand a regulatory response. We note that under international standards on media freedom, self-regulation is thus recognised as the best regulatory mechanism to ensure accountability of the press, while protecting its independence and minimising interference with freedom of expression. ARTICLE 19 thus opposes the establishment of a regulator for print and electronic media and believes that the High Council for Ethics and Deontology should instead be a self-regulatory body.
In addition, international standards have consistently stressed that the regulatory authorities have to be protected from all forms of political and economic interference, the underlying principle being the fact that independence of regulatory agencies is interlinked with the independence of broadcasters and of media as such. Safeguards for the independence of regulatory bodies also extend to considerations of their establishment and composition.
Broadcast regulator
The law relating to audio-visual activity provides for the replacement of the Autorité de régulation de l’audiovisuel (ARAV) which was created in 2014 by a new regulatory authority. Article 43 of the law provides that this new authority will be made up of nine members, appointed by the President of the Republic for five years, with the mandate being renewable once. Members of the authority “are chosen from among competent individuals and researchers with proven experience, particularly in the fields of journalistic, technical, legal and economic fields and who are recognised for their publications, research or contributions to the development of the audiovisual sector.”
Specific systems for appointing members of broadcasting regulatory bodies varies in different countries. International standards require that this process is free from political interference and economic interests. Its appointment process should not be controlled completely by the ruling party as this could lead to the appointments being purely political rather than in the public interest.
Although the law provides that the President appoints all members, this should not be interpreted as allowing the appointment process to be left solely within the presidential discretion. A number of measures can help prevent political or other interference in appointment and work of the regulatory body.
As an interim solution, we propose that the Communication Minister create a multi-stakeholder committee that would interview and nominate the candidates for the President to appoint, reducing the political influence over the members of the regulatory body. Said multi-stakeholder committee could consist of representatives of the Parliament, the judiciary, and the audio-visual media profession. It is also recommended that such process should be transparent and have some elements of public participation, for example through hosting public hearings or through allowing representatives of the public to nominate suitable candidates. It is finally important to apply strict qualifying criteria for applicants (e.g. business or legal experience) with quotas based on ethnic minority, race or gender.
Regulator over the written and electronic press
The law on the written and electronic press provides for the creation of a regulatory authority for print and electronic media. Like the regulator over audio-visual activity, the law provides that this new authority will be made up of nine members, appointed by the President of the Republic for five years, with the mandate being renewable once. Under Article 43 of the law on the written and electronic press, the selection criteria are also similar as under the law relating to audio-visual activity (for example, research and contributions of members need to relate to the press).
As mentioned earlier, ARTICLE 19 believes that a regulator over the written and electronic press is unnecessary and bears significant risks for media independence and freedom of expression. We note that the Media Laws also provide for the establishment of an additional regulatory body, the High Council of Ethics and Deontology of the profession for the journalism profession. While there is really only one thing for Algerian authorities to consider – replacing any regulatory authority over the written and electronic press or the journalistic profession with a self-regulatory model – at the very minimum, appointment of the members should be done through a transparent, democratic and pluralistic process which limits the discretion of the president to the largest extent possible.
High Council of Ethics and Deontology
The organic law on information proposes the creation of a High Council of Ethics and Deontology for the journalism profession. Under Article 34, half of the 12 members are appointed by the President “from among experts, personalities and researchers with proven experience in the field of journalism”. The law provides that “six other members are elected from among journalists and publishers that are members of national professional organisations” without specifying who will be in charge of electing those six members. The composition of the Council, its organization, and its functioning shall be determined by decree (voie réglementaire).
ARTICLE 19 emphasises that the establishment of a regulator for journalistic ethics is inherently concerning. According to international standards, self-regulation is recognised as the best regulatory mechanism to ensure genuine accountability of the press to the public, while protecting its independence and minimising interference with freedom of expression. The appointment of half of the members by the President further grants the executive branch excessive influence over the High Council.
ARTICLE 19 recommends the following measures to mitigate human rights risks:
- Regarding the appointment of six members by the President, a process should be established to limit the President’s discretion and influence over the process as much as possible, leaving him or her to simply formally appoint members that were selected through a consultative, inclusive, transparent, and democratic process. In terms of the selection of members, they should include tripartite representation, including participation of journalists, publishers and representatives of civil society in order to realise the fundamental objectives of self-regulation: accountability of members of the profession to their peers, accountability of media outlets to the public, protection for members of the profession, and public trust in the media. Said selection should equally be driven by representatives of journalists, publishers, and the public.
- Regarding the appointment of the other six members of the High Council, we recommend that the decree confer the competence to elect the other 6 members “from among journalists and publishers that are members of national professional organisations” in a process that is open, transparent and pluralistic. We also suggest that said selection be driven by representatives of journalists, publishers and the public.
We further suggest that in order to avoid domination by any individual or interest group, the term of membership should be limited in duration.
2. The role of the Communication Minister
The Media Laws accord undue influence to the Government, namely the Communication Minister. Our observations in this brief are limited to the Communication Ministers’ influence over audio-visual activity.
Under the law relating to audio-visual activity, the creation of any audio-visual communication service is subject to prior authorisation issued by the Communication Minister (Article 8 of the organic law on information and Article 13 of the law relating to audio-visual activity). The licencing process is stated to follow the principles of objectivity, transparency and non-discrimination. Authorisations are granted by taking into account factors such as the geographical area of coverage or the broadcasting language (Article 16).
ARTICLE 19 highlights that it is against international standards to give the Communication Minister the authority to issue licenses. When the task of rationing the broadcast spectrum is left to the government, government and its allies tend to end up as the greatest beneficiaries. Even when a government approaches this task in good faith, fear of losing a license can induce broadcasters to practice self-censorship and toe the official line. International standards therefore recommend that all licensing processes and decisions should therefore be overseen by an independent regulatory body in a manner which promotes diversity in broadcasting.
To mitigate the risks associated with the Communication Ministers’ power over the licensing process, ARTICLE 19 therefore suggests that the Communication Minister should formalise a process under which they issue licenses upon advice of the regulatory authority, which should be involved in all steps of the licensing process. As stipulated by international and comparative standards, the regulations governing the broadcasting licensing procedure should be applied in an open, transparent and impartial manner and decisions should be made public. Calls for tenders should be made public, should define a number of conditions to be met by the applicants and specify the content of the licence application, which should reflect diversity and pluralism in political and socio-economic perspectives, guarantee non-discrimination, including on the basis of gender, and consider respect of journalistic ethics.
ARTICLE 19 stands ready to provide further support to the Government and legislators in the process of revising the relevant legislation and bringing it into full compliance with international law.