| Algeria: Integrity Scorecard Report > Sub-Category: Media | ||
| Indicators | Score | |
| 5 | Are media and free speech protected? | 0 |
| 6 | Are citizens able to form print media entities? | 31 |
| 7 | Are citizens able to form broadcast (radio and TV) media entities? | 0 |
| 8 | Can citizens freely use the Internet? | 38 |
| 9 | Are the media able to report on corruption? | 0 |
| 10 | Are the media credible sources of information? | 45 |
| 11 | Are journalists safe when investigating corruption? | 33 |
Indicator and sub-Indicator Details
| 5 | Are media and free speech protected? | |||||||
| 5a: In law, freedom of the media is guaranteed. | ||||||||
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Comments: The Algerian constitution pronounces the freedom of expression in its Article 41, but the guarantee can be revoked by the government at any time under the still existing "state of emergency" decree. In addition, the "Charter for Peace and National Reconciliation" restricts the public discussion/publication of media articles on the vital issue of governmental abuse and crimes during the time of the civil war (1992 - 2000). References: Algerian Constitution of 28 November 1996: [...] Art. 41- Freedom of expression, association and meeting are guaranteed to the citizen. [...] Presidential Decree No. 92-44 of February 9th, 1992 establishing the State of Emergency [...] Article 3 - The government undertakes all measures for regulation in its competence to achieve the objectives previewed by the establishment of the State of Emergency. [...] Ordinance 06-01 from February 27th, 2006 with regards to the Charter for Peace and National Reconciliation [...] Article 46 - Anyone who, by speech, writing, or any other act, uses or exploits the wounds of the National Tragedy to harm the institutions of the Democratic and Popular Republic of Algeria, to weaken the state, or to undermine the good reputation of its agents who honorably served it, or to tarnish the image of Algeria internationally, shall be punished by three to five years in prison and a fine of 250,000 to 500,000 Dinars. [...]
Peer Review Comments: The constitution and information law -1989- guarantees freedom of the media without restriction
Peer Review Comments: Algeria is not at war and there is no restriction on this issue.
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| 5b: In law, freedom of speech is guaranteed. | ||||||||
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Comments: The Algerian constitution pronounces the freedom of expression in its article 41, but the guarantee can be revoked by the government at any time under the still existing "state of Emergency" decree. In addition, the "Charter for Peace and National Reconciliation" restricts the public discussion/publication of media articles on the vital issue of governmental abuse and crimes during the time of the civil war (1992 - 2000). References: Algerian Constitution of 28 November 1996: [...] Art. 41- Freedom of expression, association and meeting are guaranteed to the citizen. [...] Presidential Decree No. 92-44 of February 9th, 1992 establishing the State of Emergency [...] Article 3 - The government undertakes all measures for regulation in its competence to achieve the objectives previewed by the establishment of the State of Emergency. [...] Ordinance 06-01 from February 27th, 2006 with regards to the Charter for Peace and National Reconciliation [...] Article 46 - Anyone who, by speech, writing, or any other act, uses or exploits the wounds of the National Tragedy to harm the institutions of the Democratic and Popular Republic of Algeria, to weaken the state, or to undermine the good reputation of its agents who honorably served it, or to tarnish the image of Algeria internationally, shall be punished by three to five years in prison and a fine of 250,000 to 500,000 Dinars. [...]
Peer Review Comments: Free speech is guaranteed.
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| 6 | Are citizens able to form print media entities? | |||||||
| 6a: In practice, the government does not create barriers to form a print media entity. | ||||||||
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Comments: "Should the government perceive damage from a media outlet, which is to be created or founded, it employs all means, from legal threats arrest to threats of murder, to stop the media entity from getting into existence." References: Interview with an Algerian journalist, who wishes to remain anonymous. Date: August 2007.
Peer Review Comments: I don't think that the government would threaten murder. It is enough to refuse authorization of publication
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| 6b: In law, where a print media license is necessary, there is an appeal mechanism if a license is denied or revoked. | ||||||||
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Comments: The above mentioned law and the particular article does not specify a formal appeal process in case a media license has been denied to a print medium. References: Law No. 90-07 of 3 April 1990 with regards to information, Chapter 2 [ LINK ]
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| 6c: In practice, where necessary, citizens can obtain a print media license within a reasonable time period. | ||||||||
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Comments: References: Interview with a freelance journalist, who wishes to remain anonymous. Date: August 2007.
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| 6d: In practice, where necessary, citizens can obtain a print media license at a reasonable cost. | ||||||||
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Comments: "The waiting period to obtain the license can extend to several months, before a decision by the government agency has been taken. Or it simply refuses to take a decision. This is an enormous financial burden on the media entity." References: Interview with an Algerian journalist, who wishes to remain anonymous. Date: August 2007.
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| 7 | Are citizens able to form broadcast (radio and TV) media entities? | |||||||
| 7a: In practice, the government does not create barriers to form a broadcast (radio and TV) media entity. | ||||||||
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Comments: Citizens cannot obtain a broadcast license for television or radio, as these media outlets are completely controlled by the government. "[...] Radio and television are government-owned, with coverage favorable to government policy. During the year, opposition spokesmen were generally denied access to the public radio or television. Television access continued to be severely limited for some opposition parties. These limitations were less evident for radio. [...]" References: U.S. State Department Country Reports on Human Rights Practices - Algeria - 2006 Released by the Bureau of Democracy, Human Rights, and Labor March 6, 2007 [ LINK ]
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| 7b: In law, where a broadcast (radio and TV) media license is necessary, there is an appeal mechanism if a license is denied or revoked. | ||||||||
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Comments: Citizens cannot obtain a broadcast license for television or radio, as these media outlets are completely controlled by the government. "[...] Radio and television are government-owned, with coverage favorable to government policy. During the year, opposition spokesmen were generally denied access to the public radio or television. Television access continued to be severely limited for some opposition parties. These limitations were less evident for radio. [...]" References: U.S. State Department Country Reports on Human Rights Practices - Algeria - 2006 Released by the Bureau of Democracy, Human Rights, and Labor March 6, 2007 [ LINK ]
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| 7c: In practice, where necessary, citizens can obtain a broadcast (radio and TV) media license within a reasonable time period. | ||||||||
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Comments: Citizens cannot obtain a broadcast license for television or radio, as these media outlets are completely controlled by the government. "[...] Radio and television are government-owned, with coverage favorable to government policy. During the year, opposition spokesmen were generally denied access to the public radio or television. Television access continued to be severely limited for some opposition parties. These limitations were less evident for radio. [...]" References: U.S. State Department Country Reports on Human Rights Practices - Algeria - 2006 Released by the Bureau of Democracy, Human Rights, and Labor March 6, 2007 [ LINK ]
Peer Review Comments: The president had officially declared that this audiovisual field shall not be opened for free use.
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| 7d: In practice, where necessary, citizens can obtain a broadcast (radio and TV) media license at a reasonable cost. | ||||||||
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Comments: Citizens cannot obtain a broadcast license for television or radio, as these media outlets are completely controlled by the government. "[...] Radio and television are government-owned, with coverage favorable to government policy. During the year, opposition spokesmen were generally denied access to the public radio or television. Television access continued to be severely limited for some opposition parties. These limitations were less evident for radio. [...]" References: U.S. State Department Country Reports on Human Rights Practices - Algeria - 2006 Released by the Bureau of Democracy, Human Rights, and Labor March 6, 2007 [ LINK ]
Peer Review Comments: The president had officially declared that this audiovisual field shall not be opened to a private entity. Citizens cannot obtain a broadcast (radio and TV) media license at all.
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| 8 | Can citizens freely use the Internet? | |||||||
| 8a: In practice, the government does not prevent citizens from accessing content published online. | ||||||||
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Comments: "[...] Internet Freedom Access to the Internet was generally free; however, the government monitored email and Internet chatrooms, particularly those dealing with terrorism and security issues. Article 14 of the 1998 ministerial decree on telecommunications states that Internet service providers are legally liable for the material and Web sites they host. [...]" References: U.S. State Department Country Reports on Human Rights Practices - Algeria - 2006 Released by the Bureau of Democracy, Human Rights, and Labor March 6, 2007 [ LINK ]
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| 8b: In practice, the government does not censor citizens creating content online. | ||||||||
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Comments: It is not possible for citizens living in Algeria to create websites that are openly critical of the Algerian government. All major websites, which document government abuse and crimes were hosted outside of Algeria in 2006. Additionally the "Ordinance for Peace and Reconciliation" from 2006 prohibits public critical discussion of the events during the civil war between 1992 and 2006. Excerpt of the Ordinance for Peace and National Reconciliation: "[...] Article 46 - Anyone who, by speech, writing, or any other act, uses or exploits the wounds of the National Tragedy to harm the institutions of the Democratic and Popular Republic of Algeria, to weaken the state, or to undermine the good reputation of its agents who honorably served it, or to tarnish the image of Algeria internationally, shall be punished by three to five years in prison and a fine of 250,000 to 500,000 Dinars. [...]" References: Ordinance 06-01 from February 27th, 2006 with regards to the Charter for Peace and National Reconciliation Website of the organization "Algeria-Watch" Information on the Human Rights Situation in Algeria [ LINK ]
Peer Review Comments: Maybe the reason is that it is not technically possible for the government to control this means of communication.
Peer Review Comments: It can be done outside the country.
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| 9 | Are the media able to report on corruption? | |||||||
| 9a: In law, it is legal to report accurate news even if it damages the reputation of a public figure. | ||||||||
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Comments: Media Stories, which connect government officials with crimes that were committed during the time of the civil war, can be prosecuted under the terms of the "Ordinance for Peace and Reconciliation". References: Ordinance 06-01 from February 27th, 2006 regarding the Charter for Peace and National Reconciliation [...] Article 46 - Anyone who, by speech, writing, or any other act, uses or exploits the wounds of the National Tragedy to harm the institutions of the Democratic and Popular Republic of Algeria, to weaken the state, or to undermine the good reputation of its agents who honorably served it, or to tarnish the image of Algeria internationally, shall be punished by three to five years in prison and a fine of 250,000 to 500,000 Dinars. [...] Art 77 To 88: relative to Code of Information, link: [ LINK ]
Peer Review Comments: The interdiction only concerns crimes related to terrorism and the struggle against terrorism. Many times newspapers publish information on wrongdoing by officials. From time to time there is judicial prosecution.
Peer Review Comments: The media always complain about reporting and writing freely on public figures.
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| 9b: In practice, the government or media owners/distribution groups do not encourage self-censorship of corruption-related stories. | ||||||||
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Comments: "The media (press, television & radio) work under the constant pressure of intimidation and threats attempts by government agents. These threats are either transmitted directly or indirectly through the owner of the media outlet, thereby effectively censoring the outcome of press or other media stories on the government." This attitude explains in part why many critical articles are instead "transported" to the French press or to other activists who publish them abroad. References: Interview with journalist. who wishes to remain anonymous. Date: July/August 2007.
Peer Review Comments: The public media are completely controlled by government, so information is censored. But private publications do not generally encourage self-censorship of corruption-related stories, except those that are indirectly supported by the government.
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| 9c: In practice, there is no prior government restraint (pre-publication censoring) on publishing corruption-related stories. | ||||||||
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Comments: "The media (press, television & radio) work under the constant pressure of intimidation and threats attempts by government agents. These threats are either transmitted directly or indirectly through the owner of the media outlet, thereby effectively censoring the outcome of press or other media stories on the government. These actions also include the verification of press articles or news reports favorable to the government, prior to the publishing." References: Interview with Algerian journalist, who wishes to remain anonymous. Date: July/August 2007.
Peer Review Comments: The government does not censure before publication, but it does engage sanctions such as judicial prosecution or the limiting of advertising.
Peer Review Comments: In practice, there is no prior government restraint (pre-publication censoring) on publishing corruption related stories on the private media. The public media face restraints.
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| 10 | Are the media credible sources of information? | |||||||
| 10a: In law, print media companies are required to disclose their ownership. | ||||||||
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Comments: According to the above-mentioned law, a declaration has to be submitted, where the ownership and the capital of the medium must be disclosed, before a license for the print medium can be obtained from the government agency. References: Law No. 06/01 for the Prevention and the Fight Against Corruption from 20 February 2006. Chapter, Article 19 [ LINK ]
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| 10b: In law, broadcast (radio and TV) media companies are required to disclose their ownership. | ||||||||
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Comments: As all television channels and radio stations are government-owned, the ownership does not have to be disclosed. "[...] Radio and television are government-owned, with coverage favorable to government policy. During the year, opposition spokesmen were generally denied access to the public radio or television. Television access continued to be severely limited for some opposition parties. These limitations were less evident for radio. [...]" References: U.S. State Department Country Reports on Human Rights Practices - Algeria - 2006 Released by the Bureau of Democracy, Human Rights, and Labor March 6, 2007 [ LINK ]
Peer Review Comments: The public media is obviously the property of state. Private broadcasts do not exist .
Peer Review Comments: Not applicable.
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| 10c: In practice, journalists and editors adhere to strict, professional practices in their reporting. | ||||||||
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Comments: "Journalists in Algeria have to live constantly under the pressure of having to report accurately due to their professional guidelines on one side and not to draw the attention of government agencies upon their reporting on the other hand, because their lives and their personal freedom would then be a high risk." References: Interview with Algerian journalist, who wishes to remain anonymous. Date: July/August 2007.
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| 10d: In practice, during the most recent election, political parties or independent candidates received fair media coverage. | ||||||||
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Comments: "While the written press and especially radio stations give usually all political parties the opportunity to present themselves, it is not the case for the government-owned television channels who are the No. 1 media outlet to transport the president's and the ruling party views. This includes even the local TV channels, who have become the 'channels of the President'." References: Interview with Algerian journalist and two members of two different political parties, who all wish to remain anonymous. Date: August 2007.
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| 10e: In practice, political parties and candidates have equitable access to state-owned media outlets. | ||||||||
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Comments: "While the written press and especially radio stations give usually all political parties the opportunity to present themselves, it is not the case for the government-owned television channels who are the No. 1 media outlet to transport the president's and the ruling party views. This includes even the local TV channels, who have become the 'channels of the President'." References: Interview with an Algerian journalist and two members of two different political parties, who all wish to remain anonymous. Date: August 2007.
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| 11 | Are journalists safe when investigating corruption? | |||||||
| 11a: In practice, in the past year, no journalists investigating corruption have been imprisoned. | ||||||||
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Comments: There have been several incidents in 2006 where journalists have been arrested and sentenced on defamation charges, after they had investigated cases of government corruption. Some noteworthy cases: Exemplary Case 1: 28 December 2006 - Reporters Without Borders (RSF) [...] Reporters Without Borders has condemned the three-month prison sentences passed by a court in eastern city of Jijel on 25 December 2006 on Omar Belhouchet, editor of the daily "El Watan", and Chawki Amari, one of his journalists, for "libeling" the local prefect in an article last June accusing him of corruption. They were also fined 1 million dinars (approx. 10,900 euros). [...] Exemplary case 2: 1 November 2006 - Reporters Without Borders (RSF) [...] Reporters Without Borders protested that a court in Algiers had acted to protect Algeria's diplomatic relations with Libya by sentencing two journalists to six months in prison and a fine equivalent to 220 euros after Libyan President Moammar Gadhafi sued them for libel. On 31 October 2006, the court in the eastern city suburb of Hussein-Dey also suspended the daily newspaper "Ech-Chourouk" for two months and ordered it to pay Gadhafi 500,000 dinars (5,500 euros) in damages. Libya's diplomatic delegation in Algiers filed a complaint in early October against "Ech-Chourouk" editor Ali Fadil and journalist Naila Berrahal after the paper carried two articles during the summer of 2006 suggesting that the Libyan leader played a part in negotiations with Tuareg tribal leaders to create an independent state. [...] Exemplary case 3: 24 January 2006 - Centre algérien de défense de la liberté de la presse (CALP) [...] CALP has expressed concern that Bachir Larabi, El Bayadh correspondent for the Algiers-based Arabic-language daily "El Khabar", has been imprisoned in the town of Aïn Sefra since 21 January 2006. The journalist has started a hunger strike to protest his incarceration. On 29 September 2005, Larabi was sentenced in absentia to one month in prison with no parole. Larabi was charged with libel resulting from a 9 December 2003 article published in "El Khabar" wherein the regional authorities and a local association, El Farah, which was responsible for the construction of a senior citizens' hospice, were incriminated for not completing the project on the lot they had been granted to build upon. [...] References: International Freedom of Expression eXchange Alerts Archive on Algeria (June 2005 - June 2007): [ LINK ] Various media alerts informing about arrests and imprisonments of journalists in Algeria.
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| 11b: In practice, in the past year, no journalists investigating corruption have been physically harmed. | ||||||||
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Comments: Two press releases by two national and international federations of journalists allege that journalist Mourad Mahamed had been subject to several hours of "forceful interrogation" (interrogatoire musclé) by the police unit ONRB at their headquarters in Algiers. At that time Mourad Mahamed was investigating the recruitment efforts of the Algerian-based "Groupe salafiste pour la prédilection et le combat" (GSPC) . Excerpts of the press releases: 1. The following is an abridged translation of a 31 March 2006 International Federation of Journalists (FIJ) media release: [...] The FIJ condemns use of police pressure to force a journalist to reveal his sources Bussels, 31 March 2006 The IFJ condemns the arrest and the detention over several hours of Mourad Mahamed, a journalist with the daily "El Khabar" and a member of National Journalist's Union (SNJ), by police on 29 March 2006. "Mourad Mahamed has been subjected to a forceful interrogation to reveal his sources," declared Kamel Amarni, SNJ's secretary general. "Justice, as it applies in this case, has been grossly ignored." The IFJ firmly agrees with the SNJ's stance and denounces the conditions of detention and the use of force against a fundamental component of journalism. "The protection of secret sources is a sacred responsibility for journalists," declared IFJ Secretary General Aidan White. [...] 31/03/2006 SYNDICAT NATIONAL DES JOURNALISTES Communiqué Mourad Mahamed, journaliste au quotidien El Khabar et membre du Syndicat national des journalistes, a vécu le mercredi 29 mars 2006 un véritable cauchemar dans les locaux de la police urbaine dAlger (service ONRB), sis rue Docteur Saadane. Notre confrère qui a eu à traiter, dans une récente édition dEL Khabar, dun sujet sécuritaire se verra outrageusement malmené. Mourad Mahamed a subi, des heures durant, un véritable supplice moral pour quil daigne révéler ses sources dinformation. Le Syndicat national des journalistes sindigne de ce que lon en arrive à ce genre de pratiques avec la corporation ; comportement que rien ne puisse justifier. [...] References: 03 April 2006 - Press Release Source: International Federation of Journalists (IFJ) [ LINK ] [ LINK ] 31/03/2006 - Press Release SYNDICAT NATIONAL DES JOURNALISTES Maison de la Presse Tahar Djaout 1, rue Bachir Attar, Alger, Algérie Tel/Fax : (213.21) 67-36-61 [ LINK ] 1 april 2006 - Le Soir - news article [ LINK ]
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| 11c: In practice, in the past year, no journalists investigating corruption have been killed. | ||||||||
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Comments: There are no reported cases of assassinations of journalists during the year 2006. References: There are no reported cases of assassinations of journalists during the year 2006.
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