SECTOR 1

“Restrictions
to freedom of
expression and to
freedom of the press
now encroach on the
memorial landscape”

At the judicial level, new clauses (law 01-09 of 26 June
2001) have been added to the Penal Code that tend to
restrict the freedom of the press and toughen up sentences
against journalists, publishers, editors and even publications
themselves if found guilty of offences such as insult to the
President of the Republic “by using an offensive, insulting or
defamatory expression either written, illustrated, declared or
through any other speech or image medium or through an electronic,
computer or informational medium” (articles 144 bis and 144 bis
1 of the Penal Code).

Amended Article 146 penalizes the use of insulting, abusive or defamatory
language towards the parliament or any of its two chambers, the courts or
tribunals, the Peoples’ National Army or towards all public bodies or institutions
with sentences varying between 3 to 12 months of imprisonment and/or a fine of
50,000 to 250,000 Algerian dinars (750 to 3,750 US dollars).
In the event of a repeat offence, the sentence can be doubled and the Code allows
for penal action to be taken automatically by the public prosecutor.
On 29 September 2005, Algeria adopted the Charter for peace and national
reconciliation in support of a return to tranquillity. Whosoever, through their
declarations, written documents or any other act, uses or exploits the wounds of the
national tragedy to adversely affect the institutions of the People’s Democratic Republic
of Algeria, weaken the government, prejudicially affect the honour of its officials who
have worthily served the country or tarnish the image of Algeria on the international
scene”, in accordance with article 46 of the ordinance signed on 28 February 2006
on the application of the said Charter, “is punished by an imprisonment of three (3)
to five (5) years and a fine of 250,000 to 500,000 Algerian Dinars”. A member of the
panel thus declared: “restrictions to freedom of expression and to freedom of the
press now encroach on the memorial landscape”. Fortunately, he concludes “there
is resistance in some editorial offices”.

Scores:
Individual scores:
1

Country does not meet indicator

2

Country minimally meets aspects of the indicator.

3

Country meets many aspects of indicator but
progress may be too recent to judge.

4

Country meets most aspects of indicator.

5

Country meets all aspects of the indicator and has
been doing so over time.

Average score: 			

16

AFRICAN MEDIA BAROMETER ALGERIA 2009

1.1

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