The constitution provides for freedom of speech and press, and independent media outlets criticized government officials and policies, but the government restricted these rights. The government’s techniques included harassment of some critics; arbitrary enforcement of vaguely worded laws; informal pressure on publishers, editors, advertisers, and journalists; and control of a significant proportion of the country’s advertising money and printing capabilities. Some media figures alleged the government used its control over most printing houses and large amounts of public sector advertising preferentially, and that the lack of clear regulations over these practices permitted it to exert undue influence on press outlets.
Freedom of Speech and Expression: Individuals were limited in their ability to criticize the government publicly without reprisal. Authorities arrested and detained citizens for doing so, and citizens practiced self-restraint in expressing public criticism. The law criminalizing speech about the conduct of the security forces during the internal conflict of the 1990s remained in force, although there were no cases of arrest or prosecution under the law during the year. The law provides for up to three years’ imprisonment for tracts, bulletins, or flyers that “may harm the national interest” or up to one year for defaming or insulting the president, parliament, army, or state institutions. Government officials monitored political meetings. Authorities used laws against slander of public officials to restrict public discussion.
On August 3, the government published a law passed by parliament that broadens laws on defamation to cover the conduct of retired military officers. The law specifies that retired officers who engage in a “dereliction of duty that harms the honor and respect due to state institutions constitutes an outrage and defamation” and can result in legal action under applicable laws. The law further prohibits speech that damages “the authority and the public image of the military institution.”
In March a court in Tlemcen issued human rights activist Zoulikha Belarbi a DZD 100,000 ($916) fine for posting a photograph on Facebook that was deemed insulting to President Bouteflika. The offending post showed a retouched image of the president and other political figures that made them look like characters from a Turkish television show, according to Human Rights Watch (HRW).
Press and Media Freedoms: The National Agency for Publishing and Advertising (ANEP) controls public advertising for print media. According to the NGO Reporters without Borders, private advertising existed but frequently came from businesses with close links to the ruling political party. In September 2015 ANEP stated it represented only half of the total advertising market, while nongovernmental sources assessed the majority of daily newspapers depended on ANEP-authorized advertising to finance their operations. Minister of Communication Hamid Grine stated in February that ANEP’s budget had been cut by 50 percent. The government’s lack of transparency over its use of state-funded advertising permitted it to exert undue influence over print media.
Activists and journalists criticized the government for criminally prosecuting two KBC TV journalists, Mehdi Benaissa and Ryad Hartouf, for allegedly making false statements in their applications for filming permits and their alleged unauthorized use of a television studio. The studio had previously belonged to Al-Atlas TV, which authorities shut down in 2014. In addition to the arrests of Benaissa and Hartouf, authorities shut down two of KBC’s political satire programs, which were filmed in the studio in question. Benaissa and Hartouf’s suspended sentences were announced on July 18, shortly after a court on July 13 canceled the sale of KBC’s parent company, El Khabar Group, to a subsidiary of a company owned by businessman Issad Rebrab, who has been critical of the government. The Ministry of Communication, which had sued to cancel the transaction, said the ruling was based on the law’s prohibition on one person owning multiple news outlets.
In October 2015 Algiers police raided the headquarters of El-Watan El-Djazairya, a private, foreign-based television station broadcasting in the country, and closed down the station upon orders of the Algiers mayor. Minister of Communication Grine accused the television station of “harming a state symbol” during an interview it transmitted on October 3, 2015, with the former emir of the Islamic Salvation Army, Madani Mezrag. During the interview Mezrag indirectly threatened President Bouteflika after the president affirmed the government would not let Mezrag form a political party due to his connection to terrorist activities. In September, Djaafar Chelli, the former owner of El Watan El-Djazairya, received a DZD 10 million ($91,575) fine for broadcasting the interview with Mezrag.
Many civil society organizations, government opponents, and political parties, including legal Islamist parties, had access to independent print and broadcast media and used them to express their views. Opposition parties also disseminated information via the internet and published communiques but stated they did not have access to the national television and radio. Journalists from independent print and broadcast media expressed frustration over the near impossibility of receiving information from public officials. With the exception of several daily newspapers, the majority of print media outlets relied on the government for physical printing materials and operations.
In January a court reclassified a charge against journalist and LADDH board member Hassan Bouras, resulting in his release from El Bayadh prison after three months in custody. Prosecutors had charged Bouras in October 2015 with insulting a government body and inciting armed conflict against the state. As of November charges against Bouras had not been dropped, according to his lawyer. Separately, in November an El Bayadh court indicted Bouras for producing a video alleging that certain police officials and judges were involved in corruption. The court on November 28 convicted Bouras of complicity in offending a judicial officer, law enforcement officers, and a public body and of unlawfully practicing a profession regulated by law, sentencing him to one year in prison plus fines. Bouras’s appeal remained pending at year’s end.
Organizations wishing to initiate regular publications must obtain authorization from the government. The law requires the director of the publication to hold Algerian citizenship. The law additionally prohibits local periodicals from receiving direct or indirect material support from foreign sources. The CNCPPDH noted in its 2014 annual report that lack of a law controlling advertising was the largest hurdle to improving transparency of the distribution of public advertising (see also section 5). In May CNCPPDH president Farouk Ksentini said that depriving certain newspapers of public advertising revenue was “contrary to democracy and a violation of the constitution.”
In September the Ministry of Communication stated there were 332 accredited written publications, which included 149 daily newspapers, 47 weekly and 75 monthly magazines, and other specialized publications. Of the daily printed publications, the ministry stated six were state-operated.
The ministry’s Media Directorate is responsible for issuing and renewing accreditations to foreign media outlets operating in the country. Although this accreditation is required to operate legally, the vast majority of foreign media were not accredited. While the government tolerated their operations in the past, Minister Grine stated in April the number of private satellite channels that would receive frequencies would be limited to 13. He said in September that foreign-based unaccredited television outlets would be shut down. As of year’s end, however, the government had not shut down any such outlets. On June 20, the government instated the Audiovisual Regulatory Authority (ARAV), a nine-member body that regulates television and radio. In August ARAV published regulations that require the shareholders and managers of any radio or television channel to be Algerian citizens and prohibits them from broadcasting content that offends “values anchored in Algerian society.”
The ministry also issues and renews accreditation of foreign correspondents reporting in the country. According to the ministry, 13 accredited foreign press agencies reported during the year. In addition to five private domestic television channels, 12 foreign broadcasting channels and two foreign radio stations operated throughout the year.
The law mandates that online news outlets must inform the government of their activities but does not require them to request authorization to operate.
Violence and Harassment: News sources critical of the government reported instances of government harassment and intimidation due to their reporting. Government officials arrested and temporarily detained journalists.
On June 27, police arrested Mohamed Tamalt, a freelance journalist and blogger based in the United Kingdom. He was charged with insulting President Bouteflika on Facebook and sentenced to two years in prison and a DZD 200,000 ($1,832) fine. On December 11, Tamalt died following a prolonged hunger strike protesting his arrest and continued imprisonment.
On June 21, police officers encircled the new headquarters of the El Watan daily newspaper and ordered its staff to vacate the building. Local officials said the building did not conform to the construction permits granted by the government. As of September El Watan had not been permitted to take occupancy of the building.
Censorship or Content Restrictions: Some major news outlets faced direct and indirect retaliation for criticism of the government.
Some observers viewed the July conviction of two KBC TV journalists and the cancelation of the sale of KBC’s parent company, El Khabar Group, as motivated by the political views expressed in KBC’s programming and by the owner of the company that attempted to purchase El Khabar Group.
On May 3, Minister Grine called on private companies to cease advertising in three unnamed newspapers, widely assumed to be the El Khabar, El Watan, and Liberte newspapers, viewed as critical of the government. In an interview published online that day, the director general of El Khabar said Minister Grine’s opposition to El Khabar was based on the fact that it “does not follow the editorial line that he wishes.”
In a May 23 speech calling for unaccredited foreign satellite channels to be shut down, Prime Minister Sellal criticized channels that “use misleading advertising, violate private life, strike a blow to the dignity of persons, spread disinformation, and worse still, attack the cohesion of Algerian society through calls for hatred, regionalism, and chaos.”
Libel/Slander Laws: NGOs and observers criticized the law on defamation as vaguely drafted and the definitions therein as failing to comport with internationally recognized norms. The law defines defamation as “any allegation or imputation of a fact offending the honor or consideration of a person, or of the body to which the fact is imputed.” The law does not require that the fact alleged or imputed be false or that the statement be made with malicious intent to damage another individual’s reputation. Defamation is not a crime but carries a fine ranging from DZD 100,000 to DZD 500,000 ($916 to $4,579). The Ministry of Justice did not provide information on the percentage of defamation claims that originated from private citizens, as opposed to government officials.
The law criminalizes statements denigrating Islam or insulting the Prophet Mohammed or “messengers of God.” On June 14, the National Gendarmerie published a press release saying it had “dismantled an international criminal network of blasphemers and anti-Muslim proselytizers on the internet.” News reports appeared to reference the case when they reported the arrests of Rachid Fodil and one or two other men in M’Sila Province, but the status of charges against them was unclear as of September. On July 31, police in Setif arrested Slimane Bouhafs, a Christian convert, for posting statements on his Facebook page questioning the morals of the Prophet Mohammed. A court tried and convicted Bouhafs the same day and sentenced him on August 7 to five years in prison, plus a DZD 100,000 ($916) fine. On September 6, his sentence was reduced to three years in prison.
Mohamed Chergui, a journalist for the El-Djoumhouria newspaper, was sentenced to three years in prison and a DZD 200,000 ($1,832) fine in February 2015 for a column he wrote in 2014 that was deemed offensive to the Prophet Mohammed and Islam. In April an appeals court in Oran overturned his conviction and ordered his release.
The government impeded access to the internet and monitored certain e-mail and social media sites. On June 18, state-run media reported the government planned to block access to social media sites, including Facebook and Twitter, on June 19-23 during nationwide high school exams. The decision was in response to previous leaks of exam results, which were posted on social media earlier in the month. On June 19-20, internet users reported that access to not only social media, but nearly all websites, was blocked. While internet service returned on June 20, access to social media was not fully restored until June 24.
In January police arrested an activist for the unemployed, Belkacem Khencha, and in May he was sentenced to six months in prison for posting a video on Facebook criticizing the judicial system’s handling of arrests of fellow activists.
In a July statement, the human rights organization Collective of Families of the Disappeared said the government had blocked Radio of the Voiceless, the online radio station it launched in June, making it inaccessible to the public.
Internet users regularly exercised their right to free expression and association online, including through online forums, social media, and e-mail. Activists reported that some postings on social media could result in arrest and questioning; observers widely understood that the intelligence services closely monitored the activities of political and human rights activists on social media sites, including Facebook.
The law on cybercrime establishes procedures for using electronic data in prosecutions and outlines the responsibilities of service providers to cooperate with authorities. Under the law the government may conduct electronic surveillance operations to prevent offenses amounting to terrorist or subversive acts and infractions against state security, pursuant to written authorization from a competent judicial authority.
By law internet service providers face criminal penalties for the material and websites they host, especially if subject matters are “incompatible with morality or public opinion.” The Ministries of Justice, Interior, and Post, Information Technology, and Communication have oversight responsibilities. The law provides sentences of six months to five years in prison and fines between DZD 50,000 and DZD 500,000 ($458 and $4,579) for users who do not comply with the law, including the obligation to cooperate with law enforcement authorities against cybercrime.
In September the government estimated there were 18,583,427 internet users in the country in 2015. According to the International Telecommunication Union, 38.2 percent of the population used the internet in 2015.
Academic Freedom and Cultural Events
Academic seminars and colloquia occurred with limited governmental interference. The Ministry of Culture reviewed the content of films before they could be shown, as well as books before publication or importation. The Ministry of Religious Affairs did the same for religious publications.