African Media Barometer ALGERIA 2009 Executive Summary Legislation on freedom of expression Like all African countries, Algeria has an open constitution that guarantees human rights and all other freedoms, particularly the freedom of expression. The Information Act 90-07 of 3 April 1990 consolidates this freedom and the right to information. However, the country has been living in a state of emergency since 1992 following the conflict with Islamists. Therefore, application of the Constitution and of Act 90-07 cannot be guaranteed. A “legislative decree” issued in 1993 by the Higher State Committee even dissolved the Higher Information Council, a body that was established by Act 90-07. Though this Act was not repealed, media-related offences are now brought before the Courts, who pass judgment based on the Penal Code. The Secretary of State for Information has however promised more openness with a law that is soon to be introduced. Exercising the right to freedom of expression Freedom of expression is clearly losing ground. On 18 June 2001, public demonstrations were prohibited by government authorities. This was subsequent to the incidents that cost the lives of 130 people including two journalists at a protest on 14 June 2001, which was repressed violently. A journalist of the privately-owned daily newspaper El Watan also died under odd circumstances after implicating the Chair of the Chamber of Commerce and Industry of Nemenchas (in the Eastern part of Algeria) in terrorism financing and money laundering activities of armed Islamic groups. Furthermore, over a hundred journalists were assassinated during the 90s by “Islamist terrorists”. Finally, the government unfortunately uses the allocation of its advertisement contracts to bring insubordinate media to heel. However, in spite of these risks, panel members believe that many media outlets still continue to exercise their right to freedom of expression. They are nonetheless confronted with a certain number of laws. First of all, decree nr. 9244 of 9 February 1992 imposing a state of emergency is still in effect. Also, since 2001, new provisions of the Penal Code restrict the freedom of the media and 6 AFRICAN MEDIA BAROMETER ALGERIA 2009