Information Law
LexInter | January 19, 2017 | 0 Comments

Information Law

TITLE I GENERAL PROVISIONS

Article 1. – The purpose of this law is to lay down the rules and principles for the exercise of the right to information.

Art. 2. – The right to information consists in the right of the citizen to be informed in a complete and objective manner of the facts and opinions
concerning the company at the national and international levels and in the right to participate in the information by the exercise fundamental freedoms of
thought, opinion and expression in accordance with Articles 35, 36, 39 and 40 of the Constitution.

Art. 3. – The right to information is exercised freely with respect for the dignity of the human person, the imperatives of foreign policy and national defense.

Art. 4. – The exercise of the right to information is ensured in particular by:

– titles and information bodies in the public sector,

– titles and bodies belonging or created by associations of a political nature,

– titles and bodies created by natural or legal persons governed by Algerian law.

It is exercised by any written, radio, sound or television media.

Art. 5. – The titles and media referred to above participate in the influence of national culture and in meeting the needs of citizens in terms of information, technological development, culture, education and leisure, within the framework of national values ​​and the promotion of dialogue between the cultures of the world, in accordance with Articles 2, 3, 8 and 9 of the Constitution.

Art. 6. – Periodic general information publications, created from the promulgation of this law, are published in Arabic.

However, periodical publications intended for national or international dissemination and distribution and specialized periodical publications may be published in foreign languages ​​after consultation with the Higher Council for Information.

Art. 7. – The Superior Council of Information can prohibit, by reasoned decision, the use of a foreign language by periodicals
of general information.

This decision may be appealed to the administrative chamber of the Supreme Court.

Art. 8. – In terms of the written press, the titles and media are organized separately from the printing and
messaging activities.

In the field of sound broadcasting and television, cultural, artistic and information production is organized in a manner distinct
from the functions of program management and broadcasting.

Art. 9.- The Government schedules and broadcasts to the public, at any time, written, spoken or televised statements and communications that it deems necessary. This information is announced as coming from the Government.

This right can in no case constitute a limit to the freedom of expression of the editorial committees of the titles and bodies concerned.

TITLE II ORGANIZATION OF THE PROFESSION

Chapter 1 Titles and bodies within the public sector

Art. 10. – Public sector bodies and securities must under no circumstances take into account any influence or consideration likely to
compromise the accuracy of the information.

They ensure equal access to the expression of currents of opinion and thought.

Art. 11. – In the case of the separation between distribution, writing and printing, the legal person owning the title or the body of the written press in the public sector, may grant to the professional journalists concerned, exercising as permanent, provided that they
organize themselves as a civil society of editors in accordance with the legislation in force, a share of the share capital of the title up to the limit of one third (1/3).

Art. 12. – The organs of sound and television broadcasting, the news photo agency as well as the press agency within the
public sector are organized into public establishments of an industrial and commercial nature in accordance with articles 44 and 47 of the Law No.
88-01 of January 12, 1988 referred to above.

Art. 13. – The organs of sound broadcasting, belonging to the public sector, are responsible at the level of the channel specializing in the dissemination of
popular cultures by the use of all popular dialects for the purposes of communication and rooting in society , the principle
of national unity and Arab-Islamic values.

The terms of application of this provision will be set by regulation.

Chapter 2 Publishing periodicals

Art. 14. – The edition of any periodical publication is free. It is subject, for the purposes of recording and verifying its veracity, to a
prior declaration, thirty (30) days before the publication of the first issue.

The declaration is registered with the district prosecutor with territorial jurisdiction for the place of publication of the publication.

The declaration is made on stamped paper, signed by the director of the publication. A receipt will be issued to him immediately.

The receipt must include information relating to the identification of the publisher, the printer and the characteristics of the
publication as provided below.


Art. 15. – Are considered as periodical publications, within the meaning of this law, all newspapers and reviews of all kinds appearing at
regular intervals.

Periodical publications are classified into two categories:

– general information newspapers,
– specialized periodical publications.

Art. 16. – Are considered as general information newspapers, within the meaning of this law, the periodical publications which constitute a
source of information on national and international current events and intended for the general public.

Art. 17. – Are considered as specialized periodicals, the publications relating to specific themes in the
particular fields .

Art. 18. – The securities and information bodies are required to justify and declare the origin of the funds constituting their share capital and those
necessary for their management.

Apart from titles and bodies in the public sector, any title or information body receiving a subsidy of any kind must be
organically linked to the granting body and mention this relationship.

Direct or indirect subsidies from a natural or legal person or a foreign government are prohibited.

Art. 19. – The declaration must mention:

– the subject of the publication;
– the title of the publication and its frequency;
– the place of publication;
– the names, first names and address of the director;
– the business name and address of the printer;
– format and price;
– possibly the language or languages ​​of publication other than Arabic;
– the name and address of the owner;
– the capital of the company or business;
– a copy of the statute of the company or business.

Art. 20. – Any change made to the information mentioned in Articles 18 and 19 above must be declared to the authority referred to in Article
14 above, within ten (10) clear days which follow.

Art. 21. – Before printing any periodic declaration, the printer is required to ask the publisher for the receipt for filing the
declaration.

Art. 22. – The director of a periodical publication must meet the following conditions:

1) be of Algerian nationality,
2) be of legal age and enjoy their civil rights,
3) enjoy their civil rights,
4) be professionally qualified according to the specialty,
5) not have had anti-national behavior,
6) no not to have been the subject of infamous condemnation.

Art. 23. – Any periodical publication must mention on each issue
:

– the names, first names of the director of the publication and / or owners;
– the address of the editorial staff and the administration;
– the business name and address of the printer;
– the periodicity of the publication, the place and the price;
– the drawing of the previous number.

Art. 24. – The director of a publication intended for children must be assisted by an educational advisory structure.

Members of this structure must meet the following conditions:

1) be of Algerian nationality,

2) enjoy their civic rights,

3) not have been the subject of a disciplinary measure for unethical behavior in the educational environment,

4) not to have been deprived of all or part of the rights of paternal authority,

5) not to have been the subject of a conviction for felonies and misdemeanors,

6) not to have had anti-national behavior during the national liberation struggle.

Art. 25. – Notwithstanding the provisions relating to legal deposit provided for by the legislation in force, periodical publications must
, at the time of their distribution, be subject to deposit formality according to the following modalities:

– for all publications, two copies signed by the director of the publication with the territorially competent public prosecutor,

– ten (10) copies signed by the director of publication at the national library,

– for general information publications five (5) copies signed by the director, with the higher information council and five
(5) copies signed by the director, with the minister in charge of the interior.

All correspondence relating to legal deposit as provided above benefits from postage free.

Art. 26. – The periodical and specialized national or foreign publications, whatever their nature and their destination, must not
include any illustration, no story, no information or insertion contrary to Islamic morality, national values, human rights or to
defend racism, fanaticism and betrayal.

These publications must not, moreover, contain any advertisement or advertisement likely to promote violence and delinquency.

Art. 27. – All institutions, organizations, or approved associations, responsible for human rights and child protection, can exercise the rights recognized to the civil party.

TITLE 3 PRACTICE OF THE PROFESSION OF JOURNALIST

Art. 28. – A professional journalist is any person who devotes himself to the research, collection, selection, use and presentation
of information and makes this activity his regular profession and his main source of income.

Art. 29. – The exercise of the profession of journalist on a permanent basis within titles and bodies within the public sector is exclusive of
any other occupation of any kind whatsoever with other titles or bodies of information.

However, ad hoc contributions may be provided to other titles or bodies under conditions set by the Higher
Information Council.

Art. 30. – The conditions under which the professional cards of journalists are issued, the body responsible for their establishment, the
duration of their validity, the forms in which they can be canceled and the means of appeal are determined by the Superior Council of
the ‘information.

Art. 31. – Professional journalists working on behalf of a body governed by foreign law benefit from accreditation, the
terms of which are set by regulation on a proposal from the High Council of Information.

This accreditation is issued by the competent administration. It can be removed in the same shapes.

The accreditation gives the right to all the rights and duties of professional Algerian journalists of the same category.

Art. 32. -In the event of violence or aggression, attempted corruption and intimidation or characterized pressure on a
professional journalist in the exercise of his mission, the employing body must refer the matter to the competent court and become a civil party. .

Art. 33. – The rights of professional journalists in public information bodies are distinct from opinions and
trade union or political affiliation .

The acquired professional qualification is an essential condition for appointment, promotion and transfer.

Journalists are required to comply with the general guidelines of the news organization to which they report.

Art. 34. – The change of orientation or of content, the cessation of activity and the transfer of any information organ constitute for the
professional journalist a cause of termination of the contract assimilated to a dismissal giving right to the indemnities provided for by the legislation and the
regulations in force.

Art. 35. – The right of access to information sources is recognized for professional journalists.

It allows, in particular, the professional journalist to consult the documents emanating from the public administration relating to the object of his
mission and not forming part of the documents duly classified and protected by the law.

Art. 36. – The right of access to the sources of information does not authorize the journalist to publish or divulge information of a nature to:

– undermine or threaten national security, national unity or state security,

– reveal a national, economic, strategic or diplomatic defense secret,

– undermine the constitutional rights and freedoms of the citizen.

– undermine the secrecy of the investigation and judicial investigation.

The terms of application of this article will be specified by regulatory means after consultation with the Higher Information Council.

Art. 37. – Professional secrecy constitutes a right and a duty for journalists governed by the provisions of this law.

Professional secrecy cannot be opposed to the competent judicial authority in the following cases:

– in matters of national defense secrets as defined by the legislation in force,

– in matters of strategic economic secrecy,

– when the information clearly undermines the security of the State,

– when the information concerns children or adolescents,

– when the information relates to the secrecy of the investigation and the judicial investigation.

Art. 38. -The journalists and the authors who use a pseudonym are required to communicate in writing, before insertion of their articles, their
true identity to the director of the publication.

Art. 39. – The director of a periodical publication is bound by professional secrecy.

However, in the event of legal proceedings against the author of an article not signed or signed by a pseudonym, the director is released from professional secrecy at the request of the competent authority for this purpose, seized of a complaint to which it must provide the true and complete identity of
the author.

Otherwise, he is prosecuted instead of the author.


Art. 40. – In the exercise of his profession, the professional journalist is required to ensure strict respect for ethics and professional conduct.

In particular, he must:

– respect the constitutional rights and individual freedoms of citizens,

– have the constant concern for complete and objective information,

– rectify any information that turns out to be inaccurate,

– comment, with honesty and objectivity, on facts and events,

– refrain from making direct or indirect defense of race, intolerance and violence.

– refrain from plagiarism, slander, defamation and denunciation,

– refrain from using, for personal or material ends, the moral prestige attached to the profession.

Journalists have the right to refuse any editorial direction from any source other than that of the editorial staff.

TITLE IV RESPONSIBILITY, RIGHT OF CORRECTION AND RIGHT OF REPLY

Art. 41. – Any writing published in a periodical publication or any
information disseminated by audiovisual means engage the responsibility
of the director and the author of the writing or information.

Art. 42. – The directors or editors of the media, in their absence, the printers and in the absence of the latter, the distributors, the
distributors, the salesmen and the bill-posters are responsible for the infringements committed by written, spoken or filmed way.

Art. 43. – When the authors of the infringement by written, spoken or filmed way are involved, the director of publication or the publisher are
prosecuted as accomplices. Can be in the same way, and in all cases, the interveners provided for in article 42 above.

Art. 44. – For a daily publication, the rectification must be published in the same place and printed with the same characters as the
contested writing , without addition, or deletion, or response and those within two (2) days.

For any other periodical, publication of the rectification must be made in the issue following receipt of the request.

For radio and television, the correction must be broadcast on the next broadcast if it is a regular broadcast
within two (2) days from the date of receipt of the request.

Art. 45. – Anyone who has been the subject of information containing erroneous facts or malicious assertions likely to cause
moral or material damage may:

– use their right of reply,

– and / or bring a lawsuit against the director of the organ and the journalist jointly responsible.

The director of the publication or the audiovisual news organization concerned is required to insert or distribute, as the case may be, the
response free of charge under the same conditions set out in Article 44 above.

Art. 46. ​​- Any natural or legal person has the right of reply to any written or audiovisual article that violates national values.

Art. 47. – The right of reply referred to in article 45 above must be exercised on pain of foreclosure, within two (2) months from
the date of the publication or dissemination of the disputed information. .

Art. 48. – The director of any periodical publication or any audiovisual information organ is required to insert or disseminate, as the case may be,
free of charge under the conditions provided for in article 44 above, any response received by him. sent by a natural or legal person, having been the subject of information containing erroneous facts or malicious assertions likely to cause moral or material damage.

Art. 49. – If the person referred to by name by the disputed information is deceased, incapable or prevented by a legitimate cause, the response may be made in his stead and stead by his legal representative or in order of priority, by his parents, ascendants, descendants or collaterals in the first degree.

Art. 50. – The publication or dissemination of the response may be refused in the following cases:

– if the reply constitutes in itself a press offense, within the meaning of the provisions of this law;

– if a response has already been published or disseminated at the request of one of the authorized persons, provided for in article 49 above.

Art. 51. – The response must be, as the case may be, published or broadcast, within two (2) days of its receipt, by a daily or an
audiovisual information organ and in the following issue for the other periodicals of the written press in accordance with article 44 above.

In case of refusal or silence and within eight (8) days, from receipt of the request to exercise the right of reply, the
applicant is entitled to seize the competent court.

Art. 52. – Written, spoken or filmed news organizations must publish or distribute, free of charge, any final judgment of
dismissal or acquittal pronounced against a person implicated by these organs. .

TITLE V DISTRIBUTION, DISTRIBUTION AND COLPORTAGE

Art. 53. – The distribution of periodical publications means the sale by number or by subscription, of the free or expensive distribution,
public or at home.

Broadcasting and distribution companies must ensure equality and wide coverage in the distribution and distribution of all
periodicals entrusted to them.

Art. 54. – The hawking and / or distribution on the road or other public place of periodical publications, national or foreign, is subject to a
simple prior declaration to the municipality concerned.

Art. 55. – The declaration of peddling must include the names, first names, profession, domicile, age and place of birth of the declarant to whom
a receipt will be issued immediately and free of charge which is equivalent to approval.

Art. 56. – The distribution by cable of sound or television radio broadcasts as well as the use of radio frequencies are
subject to authorizations and obey a general specification established by the administration, the Higher Council of Information consulted.

This use constitutes a mode of private occupation of the public domain of the State.

Art. 57. – The import and distribution of foreign periodicals in the national territory is subject to prior authorization from
the competent administration and after consultation with the Higher Information Council.

The importation by foreign organizations and diplomatic missions of periodical publications intended for distribution, free of charge, is
subject to the authorization of the competent administration.

Art. 58. – In the event of non-compliance with the provisions of article 57 above, the legally empowered authority may proceed to the
temporary seizure of any written or recorded text or any other means of communication and information prohibited. .

The confiscation order is pronounced according to the forms and modalities provided for by the legislation in force.

TITLE VI OF THE HIGHER INFORMATION COUNCIL

Art. 59. – A Higher Information Council is established, an independent regulatory administrative authority, enjoying
legal personality and financial autonomy.

As such, he is responsible for:

* to specify the methods of implementation of the rights to the expression of the various currents of opinion;

* to guarantee the independence and impartiality of the public sector organs of sound broadcasting and television as well as the
respective autonomy of the professions in the sector;

* ensure the encouragement and consolidation of publication and dissemination in the Arabic language by all appropriate means;

* to ensure the quality of the messages as well as the defense and the illustration of the national culture, in all its forms in particular as
regards production and distribution of national works;

* to ensure the transparency of the economic rules of operation of information activities;

* to prevent by its decisions, the concentration of titles and bodies under the financial, political or ideological influence of the same owner;

* to fix by its decisions, the conditions of development, edition, production, programming and diffusion of the writings and emissions relating
to the electoral campaigns;

* rule on the conflicts relating to freedom of expression and conscience which oppose the directors of the media and their
employees for the purposes of amicable arbitration;

* to exercise, at the request of the interested parties, prerogatives of conciliation for conflict situations inherent in freedom
of expression and citizens’ right to information, prior to engagement, by one or the other party to the dispute, to any proceedings
before the competent courts;

* to set the rules and to ensure the equitable distribution of any subsidies, aids and subsidies granted by the State to the
media;

* to ensure compliance with the standards in terms of commercial advertising and to control the object, the content and the methods of programming of
the advertising information disseminated by the media;

* to ensure the dissemination and distribution of written, spoken and televised information throughout the different regions of the country;

* to collect from the administrations, any information organ or press company, all the information necessary to ensure that
their respective obligations are respected. The information thus collected by the Council may not be used for purposes other than
the accomplishment of the missions entrusted by this law.

Art. 60. – In the event of abuse of dominant positions, the Higher Information Council gives notice to the owners concerned to proceed with
asset transfers.

Art. 61. – The Superior Council of Information issues the authorizations and draws up the particular specifications relating to
the use of radio and television frequencies as provided for in article 56 above.

Art. 62. – The Superior Council of Information is seized, for opinion, of the conventions established between the owners and the
professional journalists . It makes public observations and recommendations in the event of a breach of the specifications and other obligations provided for by law and sets the conditions and deadlines for their coverage.

Art. 63. – The Superior Council of Information sends each year a report which gives an account of its activity, the application of the law, the
respect of the specifications to the President of the Republic, to the President of the National People’s Assembly and the Head of Government. This report is made public. It may also publish a periodic bulletin.

Art. 64. – The Superior Council of Information, can submit to the Government, as necessary, draft texts relating to its field of activity.

Art. 65. – The Higher Council of Information may be referred by the President of the National People’s Congress, the Head of Government, the
press organs, request for advice or studies falling within its competence.

Art. 66. – In the event of non-observance of the provisions of this law, the Superior Council of Information may take legal action against
the concerned body.

Art. 67. – Specialized committees, including in particular:

– a professional organization commission;

– an ethics committee.

The functioning and composition of these committees will be determined by internal provisions.

Art. 68. – The members of the Council may not, during their term of office, take a public position on questions which have been or
are likely to be the subject of acts, decisions or recommendations of the Board of Governors or of consulting on the same questions.


Art. 69. – The members and agents of the Council are bound by professional secrecy for the facts, acts and information of which they may have become
aware by virtue of their functions under the conditions and under the penalties provided for in articles 301 and 302 of the penal code.

Art. 70. – The Superior Council of Information has services which are placed under the authority of its president.

The staff of these services may not participate directly or indirectly in a business linked to the broadcasting,
television, print media, publishing or advertising sectors .

Art. 71. – The credits necessary for the accomplishment of the missions of the High Council of Information are entered in the general budget of the State.

The President of the Superior Council of Information is the authorizing officer of the expenditure.

Art. 72. – The Superior Council of Information is composed of twelve (12) members appointed by decree and thus designated:

– 3 members by the President of the Republic including the President of the Council;

– 3 members by the president of the National People’s Congress;

– 6 members elected by an absolute majority from among professional journalists in the television, radio and
written press sectors and with at least fifteen (15) years of experience in the profession.

Art. 73. – The mandate of the members of the Council is six (6) years. It is neither revocable nor renewable.

The Board is renewed by a third (1/3) every two (2) years. Apart from its president appointed for the entire term of office, the member of the Council who has failed to fulfill the obligations defined by this law or who has been sentenced to an afflicting or infamous penalty, is declared automatically resigning by the Superior Council of the information.

In the event of a vacancy, for any reason whatsoever, provision is made for the appointment, under the conditions provided for in article 72 above, of a
new member for the duration of the term of office to run. At the end of this mandate, he may be appointed as a member of the Superior Council of Information, if the duration of the mandate for which he has been appointed has not exceeded two (2) years.

Art. 74. – The Superior Council of Information can validly deliberate only if eight (8) of its members are present. It deliberates by a
majority of the members present, in the event of a tie vote, that of the president is decisive.

Art. 75. – The functions of members of the Council are incompatible with any elective mandate, any employment and any professional activity.

Art. 76. – The functions of members of the Higher Council of Information can neither directly nor indirectly exercise functions, nor hold a participation in a company related to the sectors of information.

TITLE VII PENAL PROVISIONS

Art. 77. – Anyone who offends in writing, sounds, images, drawings or any other direct or indirect means, Islam and other celestial religions
is punished by imprisonment of six (6) months to three (3) years and a fine of 10,000 to 50,000 DA or one of the two penalties only.

Art. 78. – Anyone who offends by gestures, words or threats, a professional journalist during or on the occasion of the exercise of his
profession, is punished by imprisonment of ten (10) days to two (2) months and a fine of 1,000 to 5,000 DA or one of the two penalties only.

Art. 79. – Any violation of the provisions of articles 14, 18, 19 and 22 of this law exposes its author to a fine of 5,000 to 10,000 DA and to the timely or definitive suspension of the title or the body.

Art. 80. – Anyone who violates the provisions provided for in articles 56 and 61 of this law is punished by imprisonment of two (2) to five (5)
years and a fine of 30,000 to 100,000 DA.

Art. 81. – Any director of one of the titles or news organizations referred to in Article 4 above, who receives in his personal name or on
behalf of the publication, directly indirectly, funds or benefits of a foreign public or private body, apart from the funds intended for the payment of subscriptions and advertising, according to the tariffs and regulations in force, is punished by imprisonment from one (1) to five (5) years and a fine of 30,000 to 300,000 DA.

Art. 82. – The sale of foreign periodicals banned from importation and distribution in Algeria are punished, without prejudice to
the application of the customs code, by a prison sentence of one (1) month to two (2) years and a fine of 1,000 to 10,000 DA or only one of the two penalties.

Art. 83. – Anyone who peddles without declaration or makes a false declaration in matters of peddling, as defined in article 54
above, is punished by imprisonment from one (1) month to one (1) year and ” a fine of 1,000 to 5,000 DA or one of these two penalties only. The court may also order the confiscation of publications.

 


Art. 84. – Without prejudice to the penalties provided for in articles 85 et seq. Of this law, failure to observe the formality of the deposit provided for
in article 25 above exposes its author to a fine of 10,000 to 50,000
DA.

Art. 85. – Whoever, convinced of having lent his name to the owner, or co-owner or commissioner of a publication and in particular by the
subscription of a share or a share in a publication company, is punished by a penalty of ‘imprisonment from one (1) year to five (5) years and a fine of 10,000 to 50,000 DA. The beneficiary of the “nominee” operation is liable to the same penalty.

Art. 86. – Anyone who deliberately publishes or disseminates erroneous or biased information, likely to undermine the security of the State
and national unity is punished with term imprisonment of five (5) to ten (10) years .

Art. 87. – Incitement by all means of information to crimes and offenses against the security of the State and national unity, exposes in the case where
it is followed by effect, the director of the publication and the author of the writing to criminal proceedings as accomplices in the crimes and offenses
provoked.

In the event that the provocation is not followed up, the director and the author are punished by imprisonment from one (1) year to five (5) years and a
fine of 10,000 to 100,000 DA or only one of the two penalties.

Art. 88. – Anyone who publishes or disseminates by the means provided for in article 4 above any information or any document containing a
national defense secret is liable to the penalties provided for in articles 67 and 69 of the penal code.

Art. 89. – Anyone who publishes, by the means provided for in article 4 above any information or any document infringing the secrecy of
the investigation or the preparatory investigation of crimes and misdemeanors, is punished by imprisonment of one (1) month to six (6) months and a fine of 5,000 to
50,000 DA.

Art. 90. – Anyone who publishes or disseminates, by any means whatsoever, photographs, drawings and other illustrations reproducing all or
part of the circumstances of the crimes or offenses provided for in articles 255 to 263 and 333 to 342 of the penal code is punished with (1) month to three (3) months
imprisonment and a fine of 5,000 to 100,000 DA.

Art. 91. – Whoever with the intention of harming, publishes or disseminates, by any means whatsoever, any text or any illustration, concerning
the identity and personality of minors is punished from three (3) months to one (1) year of imprisonment and a fine of 5,000 to 100,000 DA unless the
publication has been authorized or expressly requested by the persons in charge of it.

Art. 92. – Anyone who publishes the content of the proceedings of the trial courts, when they pronounce them closed, is punished by a prison sentence
of one (1) month to six (6) months and a fine of 5,000 to 50,000 DA.

Art. 93. – Anyone who publishes or broadcasts reports of proceedings relating to the condition of persons or abortion is punished
with imprisonment from one (1) month to three (3) months and a fine of 2,000 to 10,000 DA.

Art. 94. – Unless authorized by the competent court, the use of any sound recording or broadcasting device,
television or cinema camera or photographic device, after the opening of the judicial hearing, is prohibited. Any violation of this provision is
punishable by a fine of 2,000 to 10,000 DA.

Art. 95. – Anyone who publishes or disseminates the deliberations of courts and tribunals is punished with imprisonment from one (1) month to six (6) months and a fine
of 5,000 to 50,000 DA.

Art. 96. – The direct or indirect apology, by any means of information, of qualified acts, crime or misdemeanor exposes its author to
imprisonment of one (1) to five (5) years and a fine of 10,000 to 100,000 DA.

Art. 97. – Subject to the provisions of article 3 above, whoever deliberately offends through the media,
the Heads of State in office, is punished by imprisonment of one (1) month. to one (1) year and a fine of 3,000 to 30,000 DA or one of the two penalties only.

Art. 98. – The contempt committed through the medium of information against the heads and members of diplomatic missions accredited to the Government of the People’s Democratic Republic of Algeria, exposes its author to a prison sentence of ten (10) days to one (1) year and a fine of 3,000 to 30,000 DA.

Art. 99. – In all the cases provided for in this title, the court may order the confiscation of the property that is the subject of the offense as well as the
provisional or definitive closure of the information companies concerned.

TITLE VIII FINAL PROVISIONS

Art. 100. – Advertising is excluded from the application of this law and will be the subject of a specific law.

Art. 101. – Opinion polling is excluded from the application of this law and will be the subject of a specific law.

TITLE IX TRANSITIONAL PROVISIONS

Art. 102. – For the implementation of this law, in the field of the written press coming under the public sector, it can be carried out to the
organic, functional and legal separation of the activities of edition, drafting and printing.

Art. 103. – As a temporary measure and for the formation of the Higher Council of Information, the journalists to be elected by their peers are
chosen from among the journalists holding the professional card on the day of publication of this law and meeting the conditions
of seniority required.

Three are elected from among the journalists of the sound and television broadcasting organizations. The other three are elected from among the journalists
of the written press.

Art. 104. – As a transitional measure and for the first two renewals to be carried out within the Higher Information Council,
lots are drawn in each group according to the proportion of each of them:

– 1 among the members appointed by the President of the Republic;

– 1 among the members appointed by the President of the National People’s Congress;

– 2 among the elected journalists.

Art. 105. – All the provisions contrary to this law are repealed and in particular the law n ° 82-01 of February 6, 1982 referred to above.

Art. 106. – This law will be published in the official journal of the People’s Democratic Republic of Algeria.

Done in Algiers, April 3, 1990.

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