SECTOR 1 Freedom of expression, including freedom of the media, are effectively protected and promoted. 1.1 Freedom of expression, including freedom of the media, is guaranteed in the constitution and supported by other pieces of legislation. The Constitution of the People’s Democratic Republic of Algeria, adopted in 1996, effectively guarantees fundamental civil and political liberties including the freedom of expression. It thus remains true to the spirit and letter of the February 1989 Constitution, which then opened an era of political pluralism in Algeria. In its preamble, the Constitution is defined as “the fundamental law that guarantees individual and collective rights and freedoms, protects the principle of the peoples’ freedom of choice and confers legitimacy to the exercise of power”. Even more precise in its first section on the general principles governing the Algerian society (article 41 under Chapter IV on rights and liberties), the Constitution further stipulates: “freedom of expression, association and assembly are guaranteed for the citizen”. Its article 31 also declares that “freedom of conscience and freedom of opinion are entrenched”. Besides, the Constitution states that “the sequestration of any publication, recording or other communication and information medium can only be done under the authority of a judicial warrant”. Finally, the text cautions that revisions to the Constitution shall not adversely affect the peoples’ fundamental liberties and human rights. The Information Act 90-07 of 3 April 1990 stipulates that “the right to information is freely exercised in accordance with human rights, foreign policy requirements and national security”. In particular, article 14 of the legislative instrument clearly affirms that “the edition of all periodical publications is unrestricted”. However, whether referring to the fundamental law or to ordinary laws, panel members believe that their application is questionable, particularly in view of the 1992 decree that declared a state of emergency. In the case of Act 90-07, panel members felt that the legislative decree issued in 1993 by the Higher State Committee cancles out the freedom granted by the Act, because it dissolves the Higher Information Council, which in their view, was its backbone. Incidentally, panel members were deeply divided about the relevance of this said Act. It has to a certain extend become invalid, althought it has never been 12 AFRICAN MEDIA BAROMETER ALGERIA 2009