(ARTICLE 19/IFEX) – The following is an ARTICLE 19 letter to Algerian President Abdelaziz Bouteflika: His Excellency Abdelaziz Bouteflika President, Republic of Algeria Algiers By fax : +213 21 68 64 80/60 96 18/69 15 95 8 March 2001 Your Excellency, It has recently come to ARTICLE 19’s notice that your Government may be considering […]
(ARTICLE 19/IFEX) – The following is an ARTICLE 19 letter to Algerian President Abdelaziz Bouteflika:
His Excellency Abdelaziz Bouteflika
President, Republic of Algeria
Algiers
By fax : +213 21 68 64 80/60 96 18/69 15 95
8 March 2001
Your Excellency,
It has recently come to ARTICLE 19’s notice that your Government may be considering amending the Penal Act as it relates to defamation. We are concerned that the proposals reported to be under consideration, if implemented, would constitute a regressive step for Algeria’s legislation in this area, moving it further away from the highest international human rights standards to which Algeria is committed as a State Party to the International Covenant on Civil and Political Rights and the Barcelona Declaration.
We understand that the proposals advanced in January 2001 would set out penalties for defamation of between $700 and $70,000 and prison sentences of up to three years. Further, we understand that state institutions are to be given increased protection from criticism.
The highest international human rights standards recommend the abolition of criminal defamation laws, thereby ruling out punishment by imprisonment for defamation. These standards state that public bodies should not be able to bring defamation actions and, among other requirements regarding punishments, that:
* courts should prioritise non-pecuniary remedies to redress harm to reputation caused by defamatory statements;
* monetary awards should be proportional to the harm done.
The standards referred to above are set out in Defining Defamation, ARTICLE 19’s principles on the legal protection of reputation and freedom of expression, based on international standards and ratified by international experts, including the UN Special Rapporteur on Freedom of Expression and Opinion. Please find below details of how to find the Principles on ARTICLE 19’s website (1,2). We would also be pleased to be of assistance should you require further information.
We understand that further draft legislation on media-related issues is imminent and hope that any proposed laws will conform to the highest democratic standards on freedom of the media.
I look forward to receiving your confirmation that the Algerian government is committed to improving the environment for media freedom and is not considering increasing restrictions in this area.
Yours sincerely
Andrew Puddephatt
Executive Director
1. Définir la diffamation – Principes relatifs à la liberté d’expression et la protection de la réputation – www.article19.org/docimages/832.htm.
2. Defining Defamation – www.article19.org/docimages/833.htm.
Recommended Action
Send similar appeals to the president:
– expressing concern that the proposed Penal Act amendments would constitute a regressive step for Algeria’s legislation in this area, moving it further away from the highest international human rights standards to which Algeria is committed as a State Party to the International Covenant on Civil and Political Rights and the Barcelona Declaration
– expressing the hope that the draft legislation on media-related issues will conform to the highest democratic standards on freedom of the media
Appeals To
APPEALS TO:His Excellency Abdelaziz Bouteflika
President, Republic of Algeria
Algiers
Fax : +213 21 68 64 80 / 60 96 18 / 69 15 95Please copy appeals to the source if possible.
