Assessment of Media Legislation in Algeria

ASSESSMENT OF MEDIA LEGISLATION IN ALGERIA

BY JOSE ALBERTO AZEREDO

This report has been produced with the assistance of the European Union. This project is The content is the sole responsibility of the MedMedia project and can in no way funded by the be taken to reflect the views of the European Union. European Union CONTENTS

15 20 4 6. RELATIONS WITH THE 3. ANALYSIS OF 1. EXECUTIVE SUMMARY EU AND THE WIDER MEDIA LEGISLATION: REGION 5 STRUCTURE 1.1. SWOT analysis 3.1. Market entry 6.1. The European 1.1.1. Internal level Neighbourhood Policy 3.2. Press In general the new Algerian media 21 legislation can be viewed as a positive 6 3.3. Audio-visual and 6.2. Algeria and the 2. INTRODUCTION electronic media European Union

development. Every effort should 2.1. Background 3.4. Media ownership

2.2. Media landscape be made to encourage changes 22 2.2.1. Television 16 7. RECOMMENDATIONS that would bring it in line with 4. ANALYSIS OF 2.2.2. Radio MEDIA LEGISLATION: FINANCING international standards. 2.2.3. Press 4.1. State aid

12 4.2. Advertising 2.3. Sources of media law

2.3.1. International sources 18 5. ANALYSIS OF MEDIA 2.3.2. The Algerian Constitution LEGISLATION: LIMITATIONS AND PROTECTIONS 2.3.3. Media legislation 5.1. Institutionalised censorship

19 5.2. Special legislation during electoral periods

5.3. Legislation on the protection of minorities, children and gender

5.4. Constitutional Amendment Process

THE AUTHOR

JOSE ALBERTO AZEREDO was President of the Entidade Reguladora para a Comunicação Social (Portuguese Regulatory Council of the Media) for six years. He was also the Dean of the Law Faculty at the Portuguese Catholic University in Porto. Report completed: October 2014 Report completed: Sophia Baraket Photography: Library pictures from iStockPhoto

3 1. EXECUTIVE SUMMARY

This report looks at the development of an independent media in 1.1. SWOT ANALYSIS Algeria since 2011, and at how legislation of this media has been 1.1.1. Internal level shaped by various opportunities and limitations following the Strengths Weaknesses End of state monopoly of the media is now a reality Although Algerian law allows for privately owned press, lifting of the 19-year state of emergency. radio and TV, a strong private sector has not yet developed

Many of the more severe restrictions on media were recently Vague and ill-defined concepts used in legislation leave laws repealed by new legislation open to interpretation – this is not in line with international best practice and represents a risk to Algeria meeting its international obligations Some private newspapers act with independence and are Private newspapers remain to a great extent economically pluralist in their approach dependent on the state (through advertising)

The Algerian state has undertaken to meet international International obligations are still inadequately reflected obligations regarding human rights and freedom of the press in Algerian legislation concerning information and the audio-visual The (non-governmental) advertising market has There remains no coherent set of rules regulating advertisers’ grown significantly investment in media In September 2011, Algeria ended its Special legislation during electoral periods de facto state monopoly over radio and promotes and, apparently, grants equal There are no government restrictions on access Severe judicial sanctions exist for publishing or broadcasting television. Recent legislation has allowed right of access to public media for all to the internet on the internet any content the state deems unsuitable for several TV channels to become candidates. Nevertheless, events that privately owned, although the majority occurred during the 2014 presidential of these broadcast from abroad. The elections – when Algerian journalists press enjoys more freedom than radio were arrested during street protests and Opportunities Threats and TV but is also subject to several foreign correspondents were subjected legal constraints. to severe freedom of movement – might The implementation of the 2014 Audio-visual Law Risk that these changes are on paper only and not reflected be interpreted as having threatened this (including creation of the Audio-visual Regulatory Authority) in practice New legislation for the media from right in practice. The Constitutional Amendment Process that began Risk of low levels of participation (the opposition has refused 2012 onwards represents a step in June 2014 to participate); some question the democratic legitimacy towards meeting international standards The 2014 Law on Audio-visual of the process and its achievements on freedom of the press and market Activities enshrines the protection of deregulation, but some severe limitations minorities, children and women. It also have been maintained and, in certain acknowledges the role of the new Audio- cases, reinforced. visual Regulatory Authority and Algeria’s ongoing international obligations. The instituting of three new media regulatory authorities (the Press The ongoing Constitutional Amendment Regulatory Authority, the Audio-visual Process (through the initiative of Regulatory Authority and the Press President Bouteflika, presented in May Commission) should also be considered 2014) addresses the constitutional as progress. However, the nomination protection of civil rights and freedoms. of their members is government However, no overview of the process is controlled, casting doubt on the possible until it has been completed. possibility of independence. We can conclude, therefore, that, whilst recent reforms to media legislation have There is no institutionalised censorship clearly demonstrated progress towards in Algeria. However, some elements of European and international standards, the media legal framework create some significant changes are still needed strong incentives for self-censorship. both at a legal level and in practice.

1 The “more for more” principle is the cornerstone of the new ENP. It is an incentive-based approach supporting EU neighbours who are willing to embark on political reforms and respect human rights, democratic principles and the rule of law. In its May 2012 ENP Communication, the EU reiterated this principle and stated that the new financial European Neighbourhood Instrument (ENI) will “further strengthen the link between policy and assistance and provide a higher level of differentiation in cooperation with partner countries, reflecting their commitment to universal values, progress in deep democratisation and jointly agreed objectives”. 4 5 2. INTRODUCTION

Media legislation in Algeria is not based on a strong tradition 2.2.1.1. State-owned TV channels of press freedom, but there have been several recent positive Channel Classification Year of Country of Observations foundation establishment changes in the country’s legal and political environment. In theory at least, the state no longer has a monopoly over TV and radio, La Terrestre Generalist; covers 1967 Algeria information, entertainment, sports and culture but there is much further to go before media is fully independent. Canal Algérie Generalist; dedicated 1994 to the Algerian diaspora

Algeria French language

Algérie 3 Generalist; targeting 1994 the Arab world

Algeria Arab language

2.1. BACKGROUND situation are best viewed against the 2.2.1. Television Algérie 4 2009 Algeria Broadcasts in five Amazigh President Abdelaziz Bouteflika lifted the background of the violent unrest of There is one state-run TV station, dialects (Kabyle, Chenoui, Mozabite, Chaoui and Targui) 19-year state of emergency in February recent decades. The fact that a 19-year Entreprise Nationale de Télévision 2011 due to renewed anti-government state of emergency could be imposed (ENTV), which manages five different Algérie 5 Religious; dedicated 2009 Algeria 3 protests amidst the ongoing Arab Spring. gives some indication of the difficulties channels. Following independence, to the Koran Protests started in January over food the country has faced. in 1963, the Algerian authorities took prices and unemployment. In April 2011 over the television infrastructure, President Bouteflika set up a committee 2.2. MEDIA LANDSCAPE facilities and means of production 2.2.1.2. Privately owned TV channels tasked with proposing constitutional Ranked 121st out of 180 countries in and incorporated the technicians and Note that the country of establishment changes aimed at “reinforcing democracy” the 2014 Reporters Without Borders other staff to create Radiodiffusion is based on information in the Project 2 and, in line with this approach, in press freedom index, Algeria still Télévision Algérienne or RTA. In de Collecte de données statistiques sur September 2011 he ended state has a strongly state-regulated media 1986 RTA was divided into four les marchés cinématographiques et monopoly over radio and TV. landscape. However, there have been entities : ENTV, Entreprise Nationale Audiovisuels dans 9 Pays Méditerranéens several important and positive changes de Radiodiffusion Sonore (ENRS), (pp. 50–51). However, it is important The current constitutional framework in the legal and political environment Téllédiffusion d’Algérie (TDA), to emphasise that this information of Algeria, its recent history and political since 2011. Entreprise Nationale de Production should be taken in the context of the Audiovisuelle (ENPA). report as a whole. Thus, on p. 40 it clearly states that until Law 14/04 In September 2011 President came into force, and according to the Bouteflika ended de facto state legislation of 2012, all private TV monopoly over radio and TV (although channels were foreign based. The the new Law on Information was not report also notes that, since June 2013, Ranked 121st out of 180 countries in the published in the Official Journal until Echourouk, Ennahar and El Djazaïria 2012). This led to the birth of new TV have been authorised, at their 2014 Reporters Without Borders press privately owned channels. The majority request, to open “interim” offices in freedom index, Algeria still has a strongly of the main private channels broadcast Algiers. The initial authorisation remained from outside Algeria and are therefore valid until the December 31st 2013 state-regulated media landscape. However, subject to foreign law, which has and is renewable through request generally been clearer and in many by the channels to the Ministry of there have been several important and cases less restrictive than Algerian law. Communication. However, authorisation However, Law No. 14-04 on Audio-visual can be withdrawn at any time by Activities (passed February 24th 2014) the Ministry. positive changes in the legal and political aims to regulate and, for the first time, environment since 2011. set a framework of coherent rules The table overleaf presents a list of privately applicable to private television channels owned TV channels in Algeria. established in Algeria.4

2 See: http://rsf.org/index2014/en-index2014.php. 3 See the ENTV website at: www.entv.dz/tvfr. 4 See “Projet de collecte de données statistiques sur les marchés cinématographiques et audio-visuels dans 9 pays méditerranéens: Algérie”. Euromed Audiovisuel, Tunis. Available at: http://euromedaudiovisuel.net/Files/2014/05/27/1401210761199.pdf.

6 7 manages five national state-owned Code (a piece of legislation that was Channel Classification Year of Country of Observations 2.2.1.3. TV channels for presidential radio stations. Moreover, and according developed first in 1988), radio remains foundation establishment elections to the information on the minister of largely a public institution run by the Prior to the 2014 presidential elections, communication’s website, there are also Algerian government. Along with the Ech Chourouk TV Generalist covers wide range 2011 Algeria Mainly broadcast in Arabic, a number of television channels 48 local radio stations (one for each United Arab Emirates, Algeria has the of subjects from information but also in French and Amazigh were created solely for electoral and province or wilaya). highest number of government-owned to entertainment propaganda purposes. Ali Benflis, a local FM radio stations of all Arab candidate in the presidential elections, As Frank La Rue states: “A high countries. Many Algerian radio stations Ech Chourouk 2 News Algeria established Espoir channel. President percentage of the population draws its broadcast in French, Arabic, Berber Abdelaziz Bouteflika also launched a TV information from television and radio.”8 and English. Ennahar TV Mainly news, political debates 2012 Jordan (Amman) Ambition to become one of channel and radio station (Wiam) and In comparison with newspapers, these and popular religious issues the most prominent television the channels Président TV and Sallam TV media outlets are more accessible The effect of this government monopoly stations in the Maghreb, and have also been involved in his campaign. to many rural Algerians, who are of the radio is slightly limited by the information channel in the Arab either illiterate and/or too poor to global nature of radio frequencies and European world In this context, the case of Al Atlas TV is buy newspapers. Even those who do and satellite channels, so that Algerian important. In March 2014, Al Atlas TV was have access to print media may not radio audiences are able to experience Ennahar TV Doc. Documentary Jordan (Amman) shut down by the Algerian authorities. Al understand the standard Arabic and European content to supplement Atlas, considered by some to be actively French used, although this latter may also government programming. Algerians are El Djazeïria TV Generalist; stands for values 2012 Bahrain/Jordan supportive of Benflis’s candidature, was be true for radio and TV broadcasts. now able to receive radio broadcasts of Algerian identity intensively covering the protests and from many different European and Arabic

demonstrations against a fourth term Although the creation of private radio stations, but although the number of Numidia New 24-hour news 2012 Switzerland Arabic, French, English and Tamazight; of Bouteflika. According to Amnesty stations was explicitly allowed by an private radio stations is growing rapidly, (started as a has office in Algiers; reporters and offices International, Al Atlas “had extensively amendment to the 1990 Information they are still outnumbered by state- digital newspaper all over the world (incl. Washington, covered the arrest of dozens of peaceful in December 2011 Paris, Brussels, Barcelona, Gaza, Istanbul) protesters during last week’s pre-election Radio channel Classification Observations and evolved into demonstrations and had been critical of a TV channel) President Abdelaziz Bouteflika’s intention 6 Channel 1 Arabic language to run for a fourth presidential term”. Dzaïr TV News, sports and 2013 Algeria Arabic, Tamazight and French; Channel 2 Berber language entertainment; stands for belongs to the Media Group Temps Although it is not possible from the values of Algerian identity Nouveaux, headed by Ali Haddad, information available to state with Channel 3 French language which owns the daily newspapers Temps certainty that Al Atlas TV was shut down d’Algérie and Wakt El Djazïr exclusively for political reasons, it is true Radio Culture Thematic; culture

that the lack of legal clarity regarding 5 Radio Koran Thematic; religious/Islamic Al Asr TV Described by Euromed 2011 United Combines former Rachad TV private television in Algeria opens the broadcasting, different Audionisuel II/CDSU as a Kingdom and Kalima TV door to misconceptions. Whatever the religious programmes, “political channel” truth of the matter, the vagueness of recitations from the Koran, the current legal situation does nothing and interpretation Al Magharibia TV 2011 United to prevent a politically biased decision of the Hadiths Kingdom (London) being made under the guise of a formal

legal one.7 Samira TV Thematic channel; Algerian 2013 Algeria El Bahdja Thematic; music cooking art, sewing and crafts 2.2.2. Radio Radio Internationale 24-hour news Broadcasts in Arabic, (non-stop transmission) Radio is one of the most popular media French, English and in Algeria. The Entreprise Nationale Spanish Djurdjura TV Thematic channel; for children 2013 Bahrain Algerian Arabic (in the future, de Radiodiffusion Sonore (ENRS) possibly Tamazight)

5 This channel is controversial because of the content it broadcasts and also because of its founders. It combines the former Rachad TV and Kalima TV and claims to provide Hogar TV General channel; Turkish, Iranian 2012 United a platform for those Algerian citizens it believes are marginalised by state media: autonomous workers’ associations, politicians, students, human rights activists, intellectuals and women and men who are active in the arts and culture. Al Asr has had problems with the authorities and suffered technical difficulties – which some would say are and Egyptian serials Kingdom related – since its first broadcast. Rachad TV, which began as an internet channel, was founded by Mourad Dhina, former member of Islamic Salvation Front or FIS in Algiers and creator of the Rachad Movement in Switzerland (which unites the opponents of President Bouteflika exiled in the United Kingdom, Germany and Switzerland). Mourad Beur TV General 2003 France Dhina was arrested by French police at the request of Algerian authorities on January 16th 2012 at Orly Airport while travelling to Geneva. After almost six months of detention in Paris, the French judiciary ordered his release, ruling the Algerian warrant to be ill-founded. Taking into account the controversies surrounding Al Asr TV and its strong and clear political bias, we chose not to classify this channel. KBC El Khabar TV General channel, with particular 2013 Algeria The origin of this channel 6 “Algeria: Authorities shut down TV channel”. Amnesty International press statement, March 14th 2014. Available at: www.amnesty.org/en/library/asset/MDE28/003/2014/en/d544fb16-7a7d-4d78-8bca-15cd41496492/mde280032014en.pdf. focus on news (Eutelsat); is El Khabar Newspaper 7 It is worth reading “Al Atlas TV, première victime de la présidentielle algérienne”, by Marie-Héléne Soenen. Télérama.fr. Posted on March 17th 2014 at: 2014 http://television.telerama.fr/television/al-atlas-tv-premiere-victime-de-la-presidentielle-algerienne,109889.php. This presents different points of view from those of media (Nilesat 101) actors in Algeria on this situation. See also “Algerian Opposition TV Network Shut Down Ahead of Presidential Elections”, by Abdou Semmar. Available at: https://advocacy. globalvoicesonline.org/2014/03/20/algerian-opposition-tv-network-shut-down-ahead-of-presidential-elections/. 8 See “Report of the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression”, by Frank La Rue. Posted on May 16th 2011 at: www2.ohchr.org/english/bodies/hrcouncil/docs/17session/A.HRC.17.27_en.pdf.

8 9 Even so, only about a dozen newspapers have daily printing figures of more Publication Ownership Language Period Observations

than 15,000 copies, which means that the sector’s advertising revenues and El Khabar Private Arabic Daily Tabloid format; founded by a group of young readership are considerably diluted journalists in 1990 after the fall of Algeria’s because of the number of options one-party system in 1988 When compared with television and available.9 Ech Chourouk Private Arabic Daily Started publishing in the 1990s; radio, there is no doubt that the printed The biggest newspaper in the country also publishes a weekly supplement called is the Arabic-language El Shorouk, which Ech Chorouk El Ousboui word – and specifically newspapers – prints up to 500,000 copies a day, followed enjoys the greatest freedom. by El Khabar with 400,000 copies. “El Ech Chaab State Arabic Daily Shorouk’s [or Ech Chourouk’s] print figures are higher than the combined print El Moudjahid State French Daily Created in 1962 with the goal of being the figures for the five biggest Francophone FLN information bulletin during the Algerian newspapers,” according to Ahmed Fattani, War, circulating among resistance fighters; Editor-in-Chief of L’Expression newspaper. once war finished it became Algeria’s (single- owned stations. Indeed, despite having a consistent party FLN government) main newspaper; own newspapers, although some were following, Francophone newspapers are continued to be published after 1988 (when Because there are so many local radio unable to do so due to pressure from considerably smaller than their Arabic government allowed the publication of stations in Algeria, the following table lists the government. At this time the principal counterparts, which enjoy widespread independent newspapers); remains only those state-owned radio stations opposition parties were able to express popularity. The main French-language a state newspaper that broadcast nationwide. It includes no their views in any non-party independent papers include El Watan, at about 100,000 private radio stations because there is no newspapers with an editorial policy that copies every day, followed by Liberté at Le Quotidien d’Oran Private French Daily Established in 1994 in the city of Oran reliable source listing these. favoured freedom of expression. 90,000, Le Soir d’Algérie 60,000 and Le Quotidien d’Oran and L’Expression, each 10 El Watan Private French Daily 2.2.3. Press The period of civil war between with about 40,000 copies printed daily. The history of the Algerian press is the government and various Islamist The table opposite lists the newspapers Le Soir d’Algérie Private French Daily Created in 1990 in the city of Algiers usually divided into five periods. With rebel groups, which began in 1992, with the highest circulation in Algeria. independence from France in 1962 the strengthened the position of the Liberté Private French Daily Front de Libération National (FLN) military-backed regime in power. When compared with television and radio, took power. In the three years following As a consequence, journalists found there is no doubt that the printed word – independence, editors of newspapers they were increasingly restricted in and specifically newspapers – enjoys the La Tribune Private French Daily and weekly had to belong to the FLN. In theory, they what they could publish. A number of greatest freedom. However, the constraints enjoyed the freedom to express their newspapers were shut down, some that the state imposes on advertising, and views in print, but in practice, since they journalists were jailed, some disappeared on the printing industry in general, present El-Massa Arabic Daily Founded in 1985; published as an were all party members, the press was and others were assassinated. During concerns for privately owned newspapers. evening edition uniformly in favour of the government. this period, unsurprisingly, newspaper readership declined. Most newspapers use government-owned From 1965 to 1988 civil servants printing houses, although two, El Watan controlled by the state bureaucracy Since 2000 journalists have regained and El Khabar, invested in their own replaced the intellectuals writing in some of the freedom lost during printing equipment in the 1990s. They, newpapers, and freedom of the press the early 1990s, but their efforts to along with the smaller Quotidien d’Oran, was severely restricted. During this period disseminate information throughout are the only private newspapers with there were three main government-run the different socio-economic groups in independent printing capabilities. At the newspapers, El-Moudjahid (“The Freedom Algeria have not been successful. The time of writing, government investment in Fighter”) published in French, Ech-Chaab educated and affluent elite control the printing houses was about to result in new (“The People”) in Arabic and the weekly content and distribution of mass media state-owned units opening in Tamarassnet, Algérie Actualité, also in French. in Algerian society; these media often fail Bechar and Ourgla, making it possible to reach the middle classes. for news titles to appear daily in the After 1988 the pressure for liberalisation southernmost regions of Algeria. of the press was clear and some progress According to recent data: was made in the form, for example, Although there is no formal policy of of the 1990 Information Code, which There are 105 daily newspapers government subsidising the newspaper ended government monopoly over published across the country, with sector, government advertising functions the print media. Algeria’s opposition Arabic-language papers enjoying a as a series of subsidies and several smaller political parties began to publish their stronger readership than the others. papers depend on these to survive. If

9 From the Media & Advertising chapter of The Report: Algeria 2013, Oxford Business Group. 10 See “The Report: Algeria 2013”. Oxford Business Group. 10 11 the situation changes and government Elimination of All Forms of Racial and the protection of minorities. These of opinion; (14-04) are indisputably the two most this increases the risk that the right to subsidies are reduced, as seems likely, the Discrimination (ICERD);14 rights and freedoms have clear and • Article 41, establishing the freedoms of important legal instruments for the media information and the freedom of the newspaper sector is likely to change too. • Convention on the Elimination of direct implications for media regulation. expression, association and assembly; in the Algerian legal system. press could be overridden erroneously. For more detail on newspaper advertising All Forms of Discrimination Against They also establish international • Article 42 which, among other things, see 4.2 below. Women (CEDAW);15 obligations regarding judicial rights, guarantees the right of citizens to Some of the 2012 reforms were severely Article 3 of the Organic Law on • Convention on the Rights of the which have implications for prosecution establish political parties; and criticised, both in Algeria and abroad, for Information (12-05) goes far beyond 2.3. SOURCES OF MEDIA LAW Child (CRC);16 and the decisions of courts, particularly • Article 43, guaranteeing the right to their lack of democratic ambition and the strictly journalistic sphere in its • Convention on the Rights of Persons regarding media professionals and media form associations. also, in certain cases, for being contrary restrictions on freedom of information, 2.3.1. International sources with Disabilities (CRPD).17 enterprises and their owners.24 Where to international standards, and even to as it includes in this “activity” “any An overview of the current legislation these human rights agreements specify Further articles have implications, though Algeria’s international obligations. It is publication or diffusion of news, messages, affecting the media sector must necessarily Algeria is also state party to the following monitoring or judicial frameworks25, this indirect, for media legislation: important to stress that Algeria is a party opinions, ideas and knowledge, by any begin with an analysis of the main regional agreements on human rights: can act as a prompt for states to decide • Article 2, establishing Islam as the religion to several international conventions and written, sound, television or electronic international and regional agreements • the Arab Charter of Human Rights;18 on and make much-needed changes. of the state; instruments that establish standards on support” directed to the public or to to which Algeria is committed. This is • the African Charter on Human and • Articles 17, 18 and 19, covering the freedom of expression and freedom of any section of the public. This includes for two main reasons. First, according Peoples’ Rights;19 2.3.2. The Algerian Constitution issues of public property, national the press, and that these are not always associations, political parties and even to public international law, the domestic • the African Charter on the Rights and The revolution in neighbouring Tunisia properties and external trade, which will met by Algerian national legislation and individuals. Explicitly, Article 3 also covers legislation of any state must be in Welfare of the Child;20 in 2011 and signs of growing discontent have economic consequences for the regulations. Specifically, the international electronic media. accordance with the international • Protocol to the African Charter on among Algerians led President Bouteflika media market; legal standards defined in Articles 19, 21 obligations to which that state is party. Human and Peoples’ Rights on the to promise a raft of reforms, including • Article 31, imposing on institutions the and 22 of the International Covenant on Journalists are also under normative Second, if this report is to suggest Rights of Women in Africa;21 constitutional revisions. A committee duty to ensure the equality of rights Civil and Political Rights. obligations, even if the real nature recommendations, these should ideally be • Protocol to the African Charter on finished drafting recommended changes and duties of all citizens in suppressing of these obligations may be strongly supported by, or at least not contradict, Human and Peoples’ Rights on the to the Constitution in June 2011. These the obstacles which obstruct the The Organic Law on Information (12-05) disputed. Organic Law No. 12-05 goes Algeria’s existing international obligations. Establishment of an African Court reforms were keenly awaited but have development of the human personality repeals the former Law on Information on to prescribe “respect for the symbols on Human and Peoples’ Rights.22 not been presented to the public at the and impede the effective participation from 1990 (Law No. 90-07), also known of the state”, asking journalists to refrain Algeria is state party to the following time of writing. In May 2014 he initiated a of all in political, economic, social and as “Criminal Code bis”. It defines as its from: “affecting national history”, “making international human rights agreements: In human rights agreements a state is new Constitutional Amendment Process. cultural life, and Article 312 bis enshrining purpose “to establish principles and an apologia for colonialism” and “diffusing • International Covenant on Civil and generally required to assure human rights the promotion of women’s participation rules on the exercise of the right to or publishing images or statements which Political Rights (ICCPR);11 for everyone under its jurisdiction.23 Articles of the existing Constitution with in political affairs; information and freedom of the press”. can be deemed amoral or shocking to • Optional Protocol to ICCPR The treaties to which Algeria is party clear implications for media law include: • Article 37, which grants the freedom of Article 2 defines “information” as an a citizen’s sensibility”. Again broad and (ICCPR-OP1);12 enshrine such rights such as the freedom • Article 29, granting the equality of all commerce and industry; “activity” – this contrasts with the 1990 vague concepts are brought into play, • International Covenant on Economic, of expression, of peaceful assembly, of before the law; • Article 38, related to the freedom of law, in which “information” was defined representing a significant risk to freedom Social, and Cultural Rights (ICESCR);13 thought and religion, of association, and • Article 36, stating the inviolability of the intellectual and cultural creativity; as “citizen’s right to be informed in a of reporting in the media. • International Convention on the the right to non-discrimination, equality, freedom of conscience and the freedom • Articles 45–49 on the rights of detained complete and objective way”. “Activity” and accused persons and the meting out is, in fact, a much narrower definition, Article 93 of the Organic Law on 11 The ICCPR was adopted in New York on December 16th 1966 and entered into force on March 23rd 1976, in accordance with Article 49. Algeria signed the agreement of justice by the courts; particularly since Article 2 goes on to list Information (12-05), which forbids on December 10th 1968 and ratified it on September 12th 1989. Algeria made the following declaration recognising the competence of the Human Rights Committee • Article 52, which makes a small reference 12 limits to this activity, some of which direct or indirect interference in public under Article 41: “[The Government of the Democratic People’s Republic of Algeria] recognises the competence of the Human Rights Committee referred to in Article 28 to private property; are vague and potentially confusing. of the Covenant to receive and consider communications to the effect that a state party claims that another state party is not fulfilling its obligations under the Covenant.” personalities’ private lives, establishes Egypt, Israel, Jordan, Lebanon, Libya, Morocco and Tunisia are also state parties to the ICCPR, and Palestine has submitted an official bid to become a signatory. See: www. • Article 56 on the right to form trades According, then, to Organic Law 12-05, rules for the “protection” of public haaretz.com/news/diplomacy-defense/1.583409. unions. the right to information and freedom personalities that are far more restrictive 12 The Optional Protocol was adopted in New York on December 16th 1966 and entered into force on March 23rd 1976, in accordance with Article 9. Algeria acceded to the agreement on September 12th 1989. Libya and Tunisia are also state parties to the Optional Protocol. of the press is subject to considerations than the rules for members of the public. 13 The ICESCR was adopted in New York on December 16th 1966 and entered into force on January 3rd 1976, in accordance with Article 27. Algeria signed the agreement 2.3.3. Media legislation of: the Constitution, the Muslim religion This article (which applies in general on December 10th 1968 and ratified it on September 12th 1989. Egypt, Israel, Jordan, Lebanon, Libya, Morocco and Tunisia are also state parties to the ICESCR. Several new laws were adopted in (and other religions), national identity to the press, audio-visual, radio and 14 The ICERD was adopted in New York on March 7th 1966 and entered into force on January 4th 1969, in accordance with Article 19. Algeria signed the agreement on December 9th 1966 and ratified it on February 14th 1972. Egypt, Israel, Jordan, Lebanon, Libya, Morocco and Tunisia are also state parties to the ICERD. January 2012, including Law No. 12-01 on and culture, national sovereignty and electronic media) is well below European 15 The CEDAW was adopted in New York on December 18th 1979 and entered into force on September 3rd 1981, in accordance with Article 27(1). Algeria acceded to the covering the electoral rules, Law No. 12- unity, security and national defence standards on freedom of expression agreement on May 22nd 1996. Egypt, Israel, Jordan, Lebanon, Libya, Morocco and Tunisia are also parties to the CEDAW. 03, which aims to enhance the chances constraints, public order constraints, the and freedom of the press, namely those 16 The CRC was adopted in New York on November 20th 1989 and entered into force on September 2nd 1990, in accordance with Article 49(1). Algeria signed the agreement on January 26th 1990 and ratified it on April 16th 1993. Egypt, Israel, Jordan, Lebanon, Libya, Morocco and Tunisia are also state parties to the CRC. of women being represented in electoral economic interests of the country, public established by the European Court of 17 The CRPD was adopted in New York on December 13th 2006 and entered into force on May 3rd 2008, in accordance with Article 45(1). Algeria signed the agreement assemblies, Law No. 12-04, which service missions and obligations, citizens’ Human Rights in interpreting Article on March 30th 2007 and ratified it on December 4th 2009. Egypt, Israel, Morocco and Tunisia are also state parties to this agreement. Libya and Lebanon have signed it, but covers political parties, Organic Law right to be informed in a “complete and 10 of the European Convention on have still not ratified it. 18 The first version of the Arab Charter of Human Rights was adopted on September 15th 1994. However, since no state ratified it, the Council of the League of Arab States No. 12-05 on information and Law No. objective” way, judicial secrecy, pluralism Human Rights. updated it on May 22nd 2004. The Charter has since been ratified by Algeria, Bahrain, Iraq, Jordan, Kuwait, Lebanon, Libya, Palestine, Qatar, Saudi Arabia, Syria, the UAE and 12-06 on associations. On March 2014 of opinions, and human dignity and Yemen, and came into force in 2008. a new audio-visual law (Law 14-04) was individual and collective freedoms. The new Law on Audio-visual Activities 19 The African Charter on Human and Peoples’ Rights was adopted on June 27th 1981 and entered into force on October 21st 1986. Algeria signed the agreement on April 10th 1986 and ratified it on March 1st 1987. Egypt, Libya and Tunisia are also state parties to this Charter. adopted. These laws will be presented in (14-04, February 24th 2014) organises 20 The African Charter on the Rights and Welfare of the Child was adopted in Addis Ababa, Ethiopia, on July 11th 1990 and entered into force on November 29th 1999. more detail in the next section. The use of such broad terms in the “audio-visual activity” and establishes the Algeria signed the agreement on May 21st 1990 and ratified it on July 8th 2003. Egypt, Libya and Tunisia are also state parties to this Charter. 21 Algeria signed this Protocol on December 29th 2003, but has not yet ratified it. See: www.achpr.org/instruments/women-protocol/ratification/. Egypt is a state party to this legal document is not in line with “rules on its exercise” (Article 1). Under agreement. 2.3.3.1. The Algerian media legal international best practice, since any Article 3, audio-visual activity can be 22 This Protocol was adopted on June 9th 1998 in Burkina Faso and came into force on January 25th 2004 after it was ratified by more than 15 countries. Algeria signed the system: evolution and constraints restriction of fundamental freedoms undertaken by “moral persons” from the Protocol on July 13th 1999 and ratified it on April 22nd 2003. Libya and Tunisia are also state parties to this agreement, while Egypt has signed it but has not yet ratified it. 23 As in, for example, Article 2 of the ICCPR and Articles 3 and 44 of the Arab Charter on Human Rights. The Organic Law on Information (12- should be exceptional, clearly defined and state sector (public television), authorised 24 See, for example, Articles 9 and 10 of the ICCPR, and Articles 4, 6, 7 and 8 of the Arab Charter of Human Rights. 05) and the later the Audio-visual Law justifiable. A long and non-specific list like public enterprises, institutions and organs 25 See, for example, the Optional Protocol to the ICCPR; Part II of the African Charter on Human and Peoples’ Rights, which establishes the African Commission on Human and Peoples’ Rights; and the Protocol to the African Charter on Human and Peoples’ Rights on the Establishment of an African Court on Human and Peoples’ Rights.

12 13 3. ANALYSIS OF MEDIA LEGISLATION: STRUCTURE

under Algerian law. station he or she is barred from being Under Articles 4 and 5 general audio- a shareholder of any other AVMS. The This increased regulation is commendable Strict rules concerning who may form a media company in visual media services (AVMS) ownership Law on Audio-visual Activities (14-04) because it transfers the traditional and management are no longer the also bans a private shareholder from regulatory or control functions, which Algeria, along with registration and authorisation requirements sole preserve of the state. This means controlling, directly or indirectly, more were exercised at an exclusively two things. First, television is open to than a 40% share in any company which political level, to a more professional for market entry, are prohibitive and conflict with international private ownership (the government operates an AVMS (Article 45). and potentially more independent standards on freedom of association. is establishing a formal procedure of environment. However, the composition authorisation), putting an end to a long Article 47 states that, in general, a decree of the new regulatory authorities is state monopoly. In fact, this monopoly will define (after consultation with the strongly dependent on political power was being dismantled under a transitional new Audio-visual Regulatory Authority, and would not meet any European authorisation process that had been yet to be installed) more general standard regarding the independence of under way for several years. Second, obligations applicable to all AVMS. This the members of regulatory authorities.26 private ownership is restricted to decree, not yet adopted, will include, 3.1. MARKET ENTRY effectively doubles the maximum delay in visual services. Algerian legislation thematic AVMS, these being defined among others, 34 obligations listed in The Press Regulatory Authority will be Under Algerian constitutional and legal authorising publication from 30 to 60 days. specifies that registration is required in Article 7 as the “television or audio Article 48. composed of 14 members, seven of rules, although market entry is presented for anyone undertaking “professional” programmes on one or several subjects” whom will be hand-picked by politicians as being unrestricted, it comes with strict Article 23 of the new law also has (journalistic) online communication, and (see also Article 17). As is the case with several of the new as follows: three members (including the rules and conditions about who can and consequences for market entry. The this communication is subject to the laws covered in this report, many of the chairperson, who holds the casting vote) can’t form a media company. Article 4 of editor must prove ten years’ experience limits of Article 2 of the Organic Law on Despite the fact that it is limited to articles to Law No. 14-04 are open to are chosen by the President; two non- the Law on Audio-visual Activities (14-04) in the domain of information (general Information (see 2.3.3.1 above) (as is any thematic AVMS, this represents a arbitrary interpretation, although the parliamentary members are proposed by establishes that a person or must be legally information publications) and five years online exercise of freedom of expression major legal shift in the Algerian media new law as a whole represents a positive the President of the Parliament; two non- authorised in order to undertake any in scientific, technical and technological and opinion). landscape. However, the conditions evolution compared with previous parliamentary members are proposed “information activities”. This can amount to publications. This has been presented as under which private ownership is legislation and regulations. by the National Council President. The an indirect restriction – or prohibition – a “quality” and “experience” condition However, Articles 68 and 70 state permitted are strict – it takes no less other seven members are appointed by on market entry, because of the Law on and may not necessarily be rigidly applied, that online media activity comprises than 29 articles (Articles 17–46, not There is also a strong move towards professional journalists with at least 15 Associations (Law No. 12-06, January 12th but it nonetheless it makes it extremely the “production of work with original including the many more restrictions institutionalised media regulation. The years’ experience. 2012), which effectively institutes a regime easy legally to prevent almost any content, of general interest, regularly which apply to all AVMS) to list them all. new legislative framework creates at of government authorisation. Authorisation Algerian from assuming editorship (and renewed and with information relevant To cite just a few restrictions: candidates least three new regulatory authorities, The Audio-visual Regulatory Authority can be refused under Article 39 of this law foreigners are not able to hold this post). to current events, handled in a journalistic must be Algerian, all shareholders must which will join the Regulatory Authority will have an even more political and if the authorities consider the purposes manner”. This definition is so vaguely be Algerian nationals (this excludes all for Post and Telecommunications: the “closed” composition, with nine members, and principles of the person or group in 3.3. AUDIO-VISUAL AND worded that it could be applied in foreigners from participation in the Press Regulatory Authority, the Audio- of whom five (including the chairperson) question to infringe “national values as well ELECTRONIC MEDIA many different ways. “In a journalistic Algerian economy) in full exercise of visual Regulatory Authority and the Press will be nominated by presidential decree, as public order, common decency or rules Under Article 63 of the Organic Law manner”, for instance, can be interpreted their civil rights and no shareholder Commission (which has responsibility two will be proposed by the President of of laws and regulations”. on Information, the creation of any so broadly as to subject a blog to can have a criminal record. The origin for registering journalists and issuing Parliament and two will be proposed by thematic AVMS, cable distribution and regulatory rules or so narrowly as to and source of the investment has to be press cards). the President of the National Council. These conditions seem to be in conflict the use of radio electric frequencies is deny journalistic rights and guarantees to disclosed with proof as to its origins, and with international standards on freedom subject to an authorisation procedure. a professional journalist. all shareholders born before July 1942 of association. Articles 6, 29 and 46 of To be given by decree, this authorisation must prove that their conduct “was not the Law on Associations rule on the implies an agreement (“convention”) 3.4. MEDIA OWNERSHIP contrary to the November 1st 1954 minimum number necessary to constitute between the beneficiary and the Algerian law has a very strong Revolution” (Article 19). an association under Algerian law, on state Audio-visual Regulatory Authority. “nationality” approach, with strong Increased regulation is commendable control over the funding of associations, restrictions on foreigners owning media. The complex authorisation procedure and on penal sanctions, respectively. Each The exercise of any online information This also applies, under Article 67 of applies to any form or process of because it transfers the traditional of these is, at best, questionable in light of activity is formally unrestricted (Article the Organic Law on Information, to all distribution of television and audio international standards. 66 of the Organic Law on Information), electronic media (i.e. press and online services, including cable and satellite regulatory or control functions, which were but the editor of the online media audio-visual communication services, (Article 21), and no-one can be a 3.2. PRESS is obliged to undergo a stringent such as web TV and radio). Concerning shareholder in more than one AVMS exercised at an exclusively political level, to Article 11 of the new Organic Law on registration procedure. the written press, Article 22 states that (Articles 23 and 45). This is a very Information declares that “the production the printing in Algeria of any newspaper restrictive legal solution, since it means a more professional and potentially more of any periodical publication is unrestricted”. The definition of electronic press or periodical publication owned by a that a group holding a private radio The truth is that the law imposes a strict Article 67 covers any online written foreign company is subject to a specific authorisation cannot also be authorised independent environment. process of registration on any publication, communication service intended for authorisation given by the Ministry of owner of a television channel. It also for which the editor is responsible. the public or a sector of the public, Communication. In general, Algerian law means that if A holds 1% shares in a This process is conducted by the Press professionally edited by an Algerian restricts private media ownership on the company that owns a private radio Regulatory Authority and no longer by citizen, and there is a comparably grounds of limiting media concentration the Procureur de la République, which broad definition for online audio- and guaranteeing pluralism. 26 See “Public consultation on the independence of the audiovisual regulatory bodies – Read the contributions”. European Commission. Posted on July 16th 2013 at: http:// ec.europa.eu/digital-agenda/news/public-consultation-independence-audiovisual-regulatory-bodies-read-contributions. See also “Council conclusions on media freedom and pluralism in the digital environment”. European Commission. Posted on November 26th 2013 at: https://ec.europa.eu/digital-agenda/en/news/council-conclusions-media- freedom-and-pluralism-digital-environment.

14 15 4. ANALYSIS OF MEDIA LEGISLATION: FINANCING

Because most Algerian TV and radio stations are state-owned and publicly financed, they are politically answerable. The advertising system is also largely government-run, though there are signs of growing private advertising investment.

4.1. STATE AID 4.2. ADVERTISING different newspapers according to their State aid is mostly directed to the There is no set of coherent or formal size and print figures. For example, press, since a large proportion of TV rules concerning advertising, nor has French-language newspaper L’Expression and radio stations are state-owned and any mechanism of self-regulation been receives about $1.5m from ANEP therefore get direct or indirect public created. The Algerian advertising system annually to help support the costs of its financing. Article 127 of the Organic is mostly controlled by the government- 40,000 copies daily. Although there is a Law on Information says that state aid run National Institute for Editorial and large proportion of sector financing from is directed to “promoting freedom of Advertising (ANEP) which decides the state coffers, the most successful titles expression”, favouring the local and each year the advertising budget it will are increasingly expanding their sources specialised press. It further states that allocate to any platform of the media. of advertising revenue as the number of procedural rules concerning this aid Inevitably, considering the media system’s private economic operators using the will be determined by specific regulation. dependence on advertising, this gives media to advertise their products and There is no specific regulation on this immense power to the government, services grows. topic concerning television, radio or even though the decisions of ANEP electronic communication services. are presented as objective and The current financing of print media Under Article 128 the state is obliged market-oriented. might also change with the enactment to participate in “the improvement of of the new media law. This may reduce the professional level of journalists” There have been several recent cases in the number of print titles. “It may take through training, also in conditions to be which ANEP has been accused of acting two to three years, but there is bound defined further by specific regulations. with bias, “financing” with advertising to be a concentration in the newspaper Article 129 provides that “information media outlets that are deemed to be market,” Lakoues said. “Some newspapers, corporations” must contribute 2% of their favourable to the established political particularly those with the smallest print annual profits to training and improving power. Franck La Rue, special rapporteur figures, will most likely close. This will also the skills of journalists. of UN Human Rights Council, reports be encouraged by a potential change the case of El Watan and El Khabar, in the way the ANEP manages state As far as can be determined at the time apparently banned from receiving advertising in the future”.27 of writing, no objective criteria have been public advertising since 1996 and 1997, defined in any recent regulation on this respectively, for publishing editorial This was also a concern presented by subject. However, state aid to the press criticism on government policies. Frank La Rue, Special Rapporteur on the continues to be decided at a political Promotion and Protection of the Right to level (although, as mentioned, some Several newspaper titles are dependent Freedom of Opinion and Expression, on changes are expected at the institutional on government advertising to survive, its Report on its Mission to Algeria.28 level). Article 40 of the Organic Law on especially the smaller ones. About 80% Information gives responsibility to the new of total state advertising goes to the State advertising still represents a Press Regulatory Authority (yet to be ten biggest newspapers, according to Le significant percentage of the advertising formed) to define the rules and conditions Maghreb’s Lakoues. Although there is revenue for print media but according regulating state aid to information organs no formal policy of subsidies regarding to the Oxford Business Group, private and to guarantee its distribution. No the newspaper sector, ANEP is the advertising investment is growing very general criterion of proportionality, equity government body in charge of allocating fast (from €32.2m in 2006 to €51.5m or transparency is imposed directly by law. the yearly advertising budget to the in 2012).

27 See Oxford Business Group, op. cit. 28 La Rue, op. cit.

16 17 5. ANALYSIS OF MEDIA LEGISLATION: LIMITATIONS

AND PROTECTIONS they constitute a very effective means of restraining print media that are considered hostile to government.

Institutionalised censorship may have decreased significantly in 5.2. SPECIAL LEGISLATION DURING ELECTORAL PERIODS Algeria, but hefty fines for defamation and insulting government In law all political parties have an equal right of access to public media (Article officials mean most media outlets still exercise considerable 15 of Organic Law on Political Parties). During electoral periods, Organic Law self-censorship. No. 12-01, on the Electoral Rules (January 12th 2012, also known as the Electoral Code), includes some specific rules applying to the media. Article 191 states that any candidate in local, legislative or presidential elections has equal access to national and local television and radio in order to present their case to voters. The same principle applies to referendum consultations, but only for public media. For presidential candidates, the Electoral 5.1. INSTITUTIONALISED (Articles 144 bis and 146 of the Criminal decides that he cannot prove that his Code sets out an equality principle must be privileged in all programmes and other representatives of Algerian civil CENSORSHIP Code). Law 11-14 of August 2nd 2011 allegations are true and that he caused concerning broadcasting and radio and also in publicity. society. Some of the resulting proposals If “censorship” is considered to be control decriminalised defamation against these injury to another individual’s reputation. coverage. However, there is no impartial are relevant to this report in that they of content, whether written or audio- public officials, and the Organic Law on monitoring system to verify compliance Regarding the protection of children, broaden constitutional protection of civil visual, “institutionalised censorship” in Information (12-05) no longer provides Several criminal offences are subject with this regulation. all audio-visual media services are rights and freedoms, whether directly or Algeria has diminished significantly in the for prison sentences (as did the Law to freedom of expression restrictions under obligation to create mechanisms indirectly. Some of these amendments, last few years. There are, however, several 90-07, Articles 77 to 90) to sanction beyond the crime of defamation, as can In general, the access of candidates and technical procedures to protect however, are potentially in conflict with elements in the legal and regulatory journalists and editors. However, both be illustrated by a very recent example. to public media is not clearly defined minors and to respect children’s rights the principles of freedom of expression system that create strong pressure for these legal instruments impose extremely On June 10th 2014, the Ghardaïa court in the Electoral Code. Under Article as defined in international conventions and freedom of the press. This tension is self-censorship. high fines – in some cases, as noted (600km south of Algiers) condemned a 193 of the Code, any form of electoral (such as the UN Convention on at least acknowledged in a proposed new by the Human Rights Council Special 47-year-old Algerian citizen to a two-year propaganda through commercial publicity the Rights of the Child). This specific Article 41 bis of the Constitution: Although Article 34 of the Organic Law Rapporteur Franck La Rue, 20 times prison sentence and a fine of 100.000 is forbidden during the electoral period. reference incorporates, in the evaluation on Information states that there are no higher than the laws they supersede DA (approximately €930) for “publishing Article 196 also forbids, in general, any of broadcasters, the main international Freedom of the press is guaranteed. It restrictions on the distribution of foreign (which can amount to months’ of even photos and videos affecting national candidate in any election to have at its standards on the topic. cannot be restrained by any form of publications, Article 37 gives the proposed years’ worth of salary for a journalist in interest”. These videos were posted disposal the means or resources of any prior censorship. This freedom cannot be Press Regulatory Authority the power Algeria).This inevitably poses a threat to on several social networks and show public or private legal entity. This covers, The new Audio-visual Regulatory Authority used to contravene the dignity, freedoms to ban the import of such publications. freedom of expression and freedom of Algerian policemen stealing during violent for instance, the support of any private (Audio-visual Law, Articles 52–88), not yet and rights of others. An organic law will Moreover, the criteria for such decisions the press, inducing self-censorship in a episodes which occurred in Ghardaïa in broadcaster or newspaper. established, may also assure in the future establish the modalities for its exercise. are not defined in law, and since the very efficient way. November 2013. The perpetrator was some level of protection for minorities Press Regulatory Authority is not yet imprisoned despite the fact that no one 5.3. LEGISLATION ON THE and children, but is likely to deliver less It is too early to make a final judgement established, these decisions are still taken Defamation is still a criminal offence contested the validity of the images or PROTECTION OF MINORITIES, protection on the grounds of gender. of the impact of this constitutional by the Algerian Ministry of Culture. These under the Criminal Code (Articles their status as being in the public interest. CHILDREN AND GENDER Article 54 stipulates that the Authority amendment process. Thus far, however, potentially restrictive measures, however, 296 and 298), as it is in the majority The new March 2014 Law on Audio- can intervene in order to promote and it appears to confirm a generally seem out of touch given the ease of of European countries. In Article 296 Moreover, Articles 2 and 3 of the Organic visual Activity (14-04) defines the support the two national languages and positive trend from 2011 onwards accessing material on the internet. defamation is defined as “any allegation Law on Information broaden the scope general and common duties concerning national culture, and also on the expression concerning freedom of the press in or imputation or a fact offending the of those who are considered to be public or private broadcasters. Most of national cultural diversity, and the Algeria and to represent a movement Until 2011 both the Algerian Criminal honour or consideration of persons, or engaged in the production of information are included in Article 48. It states first, protection of minors. There is no mention towards international standards and the Code and Law No. 90-07 (previously the body to which the fact is imputed”. and apply the same legal framework that all audio-visual communication of intervening to promote or protect the democratisation of political processes. the Information Code) stipulated prison This vague definition protects both to “information” and “opinion”. This services must comply with “national rights of women or otherwise prevent Opposition political parties have been terms of between one month and one public and private figures, and can include legal situation casts severe doubt on religious reference”, also “respect other discrimination on grounds of gender. less convinced, however, and have year and/or a fine for anyone deliberately material presented in an “objective” democratic standards and freedom of religious references” and not interfere almost all refused to participate in the offending the Head of State (Law 90-07, way, without proof of malicious intent. press and expression, and has evident with “other beliefs and religions”. They 5.4. CONSTITUTIONAL process. The constitutional amendment Article 97). The Criminal Code had For example, if a journalist publishes an consequences for the use of the internet promote in their programmes the AMENDMENT PROCESS process will therefore be a unilateral been amended in 2001, broadening article respecting all legal and ethical and social networks. two national languages (Arabic and In May 2014, following President one – a reflection of the state of political the cases in which prison terms were obligations and with no “malicious intent” Tamazight) and “social cohesion and Bouteflika’s initiative, a constitutional stalemate in Algeria after President’s applicable for offending magistrates, of defaming can be proved, he risks being Finally, as printing offices and distribution national culture in all its expressions”. amendment process was launched Bouteflika’s decision to fight for a fourth civil servants, public officials and so on condemned for defamation if a court organisations are mostly state controlled, The use of both national languages involving several well-known personalities presidential term in 2014.

18 19 6. RELATIONS WITH THE EU AND THE WIDER REGION

be addressed are the creation of truly In addition, it should be noted that a joint ENP is that the EU “developed its ENP Algeria has expressed a willingness to commit to the European open markets (which often remain consultation paper entitled “Towards a proposal with no prior consultation of quasi-monopolies), the establishment new European Neighbourhood Policy” the initiative’s potential beneficiaries”37 Neighbourhood Policy and, while no action plan has yet been of independent regulators, a level was published in March 2015. It is aimed before the Association Agreement was playing field and competitive at framing a policy debate on the future brought into force. formalised, early progress has been made. conditions for market players, the direction of the ENP by consulting as efficient management of spectrum and widely as possible both with partners The ENP was not unusual or safeguards of user’s privacy and security. in the neighbouring countries and with innovative in its approach, however. stakeholders across the EU. According to Since the Barcelona Process (launched Moreover, ensuring the security, stability the document, “it is essential to consult November 1995), the EU and and resilience of the internet and partners on their interests and ambitions Southern Mediterranean states had a of other electronic communication for this partnership” whilst “the EU needs framework available to manage both technologies is a fundamental building to define more clearly its own aims and bilateral and regional relations – the block in democracy. It is necessary to interests”.The review will be finalised by Euro-Mediterranean Partnership (an avoid arbitrarily depriving or disrupting the end of the year. alliance based on the principles of joint citizen’s access to them. Given the trans- ownership, dialogue and co-operation). In border and interconnected nature of 6.2. ALGERIA AND THE EU fact, it was within this framework that the electronic communications technologies, Algeria and the EU are linked by an Association Agreement between the EU including the internet, any unilateral Association Agreement signed in 2002 and Algeria was signed in 2002. 35 6.1. THE EUROPEAN values behind the policy are shared by noted that, regarding the enhancing of domestic intervention can have severe and which came into force in 2005. It NEIGHBOURHOOD POLICY those involved.29 sectorial co-operation and, in particular, effects on other parts of the world. The covers those areas where Algeria falls In July 2008, after expansion and The enlargement of the EU in 2004 the development of the internet and commission will develop tools to allow significantly below international standards evolution, and also after the adoption brought a special concern: the possibility The ENP is proposed to 16 of the EU’s other communication technologies, the EU, in appropriate cases, to assist civil and stresses the importance of adhering of the ENP, the Euro-Mediterranean that this enlargement would create new closest neighbours, including Algeria., it states: society organisations or individual citizens to the UN Charter. For example, Article Partnership was replaced by the Union and stronger dividing lines between the Armenia, Azerbaijan, Belarus, Egypt, to circumvent such arbitrary disruptions. 74 of the Agreement asserts that for the Mediterranean (July 13th 2008). enlarged EU and its neighbours instead of Georgia, Israel, Jordan, Lebanon, Libya, The use of electronic communications Algeria is to give priority to fundamental Since then, Euro-Mediterranean strengthening the prosperity, stability and Moldova, Morocco, Palestine, Syria, Tunisia technologies, on top of satellite The Partnership’s aims are largely social rights where these conflict with ministerial meetings have been held security of all. This was the main reason and Ukraine. It is put into practice mainly broadcasting, greatly facilitated the wave focused on increasing access to and economic development. It also lists as a in order to establish the political for the emergence of the European through bilateral policies between the EU of upheavals in the Mediterranean reducing restrictions on the circulation priority protecting the role of women commitments that drive co-operation Neighbourhood Policy (ENP). and each partner country, and enriched countries. The widespread use of mobile of information, particularly via the as participants in economic and social and activity across sectors within and complemented by regional and phones combined with social networking internet, in part inspired by the role of development through education and the ENP. The ENP is based on the values of multilateral co-operation initiatives.30 via the internet demonstrated the new media in the Arab Spring. This would by means of the media. Article 77 democracy, the rule of law and respect importance of information society tools entail the creation of truly open markets promotes information exchange and After the adoption of the revised for human rights, and also includes As the ENP evolved, the Commission and technologies to the circulation of and the establishment of independent cultural co-operation with neighbour version of the ENP – A Partnership political association and deeper and the EU High Representative for information. In countries where the regulators, all with the aim of improving states and suggest such joint activities as, for Democracy and Shared Prosperity economic integration, increased mobility Foreign Affairs and Security Policy circulation of information is partially citizens’ ability to communicate and for example, youth exchange schemes with the Southern Mediterranean – 33 and more people-to-people contact. proposed a reformulation of the policy restricted, such tools can greatly access information across the region. or training in the audio-visual field. The Algeria expressed its willingness to start 38 It offers to its partners a concrete set entitled “A Partnership for Democracy contribute to the democratisation of For this report the relevant ENP policy Agreement also covers property and negotiations regarding an action plan. of opportunities through a wide and Shared Prosperity with the Southern societies and the creation of public is the one related to the ENP-South investment, intellectual and commercial Negotiations have been conducted and 39 range of sectorial policies covering a Mediterranean”, on March 8th 2011.31 opinion through the promotion of region, which covers ten non-EU property rights and the free movement some early progress has been made broad range of issues (employment This redefinition of the policy was freedom of expression. Mediterranean countries including of capital and investments across but still no action plan has been 34 40 and social policy, trade, industrial and endorsed by the European Council and Algeria. We will pay particular attention borders. Overall it aims to foster a spirit adopted. Despite this, Algeria and competition policy to agriculture and welcomed by the European Parliament. While some regulatory reforms have to the documents relating to this of economic and cultural co-operation the EU “have always maintained close rural development, climate change A reformulated version of the ENP been undertaken, in many of the region (as a general framework on the throughout the region. relations dictated by geographical and environment, energy security, called “A Partnership for Democracy southern Mediterranean countries relations between Algeria and the EU) proximity, cultural affinities and a certain transport, research and innovation, as and Shared Prosperity with the the regulatory environment is still and, more concretely, to the agreements, It was between the signature of the amount of economic interdependence, 41 well as support for health, education, Southern Mediterranean” (which insufficiently developed to exploit negotiations and state of relations Agreement and its coming into force particularly in the energy sector”. 36 culture and youth, immigration, and the includes Algeria) was adopted following the full potential of the growth and between Algeria and the EU within the that the ENP was launched. One Algeria is, after all the EU’s fifth-largest combating of terrorism and corruption). the events of the Arab Spring in 2010– productivity of the Information and ENP framework. reason for Algerian resistance to the energy supplier and strategic partner. The level of ambition for the relationship 2011. Although Algeria is not specifically Communication Technology sector. The depends on the extent to which the named in this document,32 it should be main critical factors which remain to 33 “A Partnership for Democracy and Shared Prosperity with the Southern Mediterranean”, op. cit. 34 The other nine countries are: Egypt, Israel, Jordan, Lebanon, Libya, Morocco, Palestine, Syria and Tunisia. 35 29 Available at: www.bilaterals.org/IMG/pdf/EU-DZ_FTA.pdf. The Agreement evolved from the May 1976 EEC-Algeria Co-operation Agreement. The European legal framework for this policy can be found in Article 8 of the Treaty of the European Union (on the relations of the EU with neighbouring countries and 36 This delay was due to the late adoption by some EU national parliaments of the steps required to implement the Agreement. The last country to take these steps was the the possibility of international agreements) and Articles 21 to 46 of its Title V (on the EU’s external actions and common foreign and security policy). See also the Treaty on Netherlands, in June 2005. See “The Algerian Position on the European Neighbourhood Policy”, by Lotfi Boumghar. In “IEMed Mediterranean Yearbook 2013”. the Function of the European Union, especially Article 206 (on the development of world trade), Article 208 (on the development of co-operation) and Articles 216 to 37 Lotfi Boumghar, op. cit. As the author concludes: “[T]he Algerian government considered such an attitude to be against the spirit of a partnership that was meant to build 219 (on international agreements with third states). 30 relations between the north and south shores of the Mediterranean.” These include the Eastern Partnership (launched in Prague in May 2009), the Euro-Mediterranean Partnership (EUROMED, formerly known as the Barcelona Process and 38 In fact, there has never been an ENP action plan on Algeria. For further details, see: http://eeas.europa.eu/enp/documents/progress-reports/index_en.htm. relaunched in Paris in July 2008) and the Black Sea Synergy (launched in Kiev in February 2008). 39 31 These talks started in October 2012 on the basis of an EU proposal. An Algerian counter-proposal was put forward on July 30th 2013 and a first round of negotiations “Joint Communication to the European Council, the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions: took place in Algiers on October 13th 2013. See: http://europa.eu/rapid/press-release_MEMO-14-219_en.htm. A Partnership for Democracy and Shared Prosperity with the Southern Mediterranean”. European Commission and High Representative of the Union for Foreign Affairs 40 This fact differentiates Algeria from the other southern Mediterranean countries included in this report. and Security Policy, Brussels. Available at: http://eeas.europa.eu/euromed/docs/com2011_200_en.pdf. 41 Lotfi Boumghar, op. cit. 32 Unlike Egypt, Tunisia and Libya. 20 21 7. RECOMMENDATIONS

Every effort should be made to encourage Algeria to come into line with global standards on press freedom, market access and media ownership. Exchange of good practice, EU strategies and wider promotion of local broadcasting content can all create the opportunity to influence change in Algeria.

1. The European Union should promote or seminars. A focus on the training 5. It would be helpful to promote more “horizontal” strategies in and empowerment of investors and dialogue with existing media structures. negotiations with Algeria. The narrative journalists who seek to promote private A good example of this would be around the ENP policy, confirmed by media within the framework of more negotiation with the Mediterranean the “more for more” approach, is a recent Algerian legislation would be Regulatory Authorities Network top-down approach. A more negotiated particularly pertinent. (MRAN)42 in order to facilitate Algerian approach – underlining the interest membership (at least with observer that the EU has in knowing Algeria’s 4. Creating a strategy to promote the status). The members of this network idiosyncrasies – would be a tremendous broadcasting of Algerian content are Mediterranean states, some of opportunity to influence the current Europe-wide (ad thereby promoting whom belong to the EU. This would changes in Algeria. Algerian content production) could be make good use of the expertise and an interesting approach. This way, without experience within the group and help 2. The EU could take a soft-power interfering with the legal system or the Algeria to build on the experience it approach to influencing the changes political decisions of Algeria, European is beginning to gain itself. This would heralded by the new Algerian media law. actors could fuel the Algerian market for also be an example of a horizontal content production and also (through approach to Algeria. 3. The exchange of good practice the competition that would exist) between European and Algerian media the quality, pluralism and standards of 6. Although, in general, the new actors (whether regulatory authorities, freedom of expression would have to be Algerian media legislation can be journalists, editors, advertisers, academics sought by Algerian actors. The sale and viewed as a positive development, or investors) should be promoted. purchase of such TV programmes and every effort should be made to Depending on the aims, this exchange formats at international Mediterranean encourage changes that would bring could be implemented in many different trade fairs would also be an opportunity it in line with international standards ways: workshops, internships, meetings, to promote the internationalisation of on freedom of the press, market access training, co-productions, round tables European content. and media ownership.

42 See: www.rirm.org/en/noflash.

22 www.med-media.eu MedmediaNetwork MedmediaNetwork