ALGERIAN NATIONAL MEDIA: FREEDOM AT A COST FATIMA EL-ISSAWI LSE Middle East Centre Report About the Middle East Centre The Middle East Centre builds on LSE’s long engagement with the Middle East and provides a central hub for the wide range of research on the region carried out at LSE. The Middle East Centre aims to enhance understanding and develop rigorous research on the societies, economies, poli- ties and international relations of the region. The Centre promotes both specialised knowledge and public understanding of this crucial area and has outstanding strengths in interdisciplinary research and in regional expertise. As one of the world’s leading social science institutions, LSE comprises departments covering all branches of the social sciences. The Middle East Centre harnesses this expertise to promote innova- tive research and training on the region. Publications Editor Ribale Sleiman Haidar Editorial Assistant Emma Pearson Cover Image Cosmetiques and Tabac, Algeria 2015 © Anita Hammadache Photography http://www.anitahammadache.com Middle East Centre London School of Economics Houghton Street, London WC2A 2AE blogs.lse.ac.uk/mec | @LSEmiddleeast lse.ac.uk/middleeastcentre Algerian National Media: Freedom at a Cost Fatima el-Issawi LSE Middle East Centre Report February 2017 About the Author Dr Fatima el-Issawi is Assistant Professo- rial Research Fellow at the LSE Middle East Centre and Senior Lecturer in Jour- nalism at the University of Essex. Her book, Arab National Media and Political Change, published by Palgrave in 2016, dissects dynamics of change and confor- mity in traditional newsrooms post-Arab uprisings. Fatima has over 15 years of experience in covering the Middle East for international media such as Agence France Presse (AFP) and BBC Arabic Ser- vice. She is also media commentator and media consultant for several media devel- opment and international agencies. Abstract This report on Algerian national media and political change is part of the ‘Arab National Media and Politics: Democracy Revisited’ project, examining the rela- tionship between Arab traditional mass media and the political sphere within the broad subject area of political change in the Arab world. Based on a series of around 30 in-depth qualitative interviews conducted with journalists and media stakeholders in Algeria, as well as analysis of media regulation and individual case studies, this report looks at the role played by national media – radio, television and print – in widening, or restricting, public debate under a competitive authoritarian system. Fatima el-Issawi 5 Si tu parles, tu meurs, Si tu te tais, tu meurs, Alors parle et meurs.1 Introduction The Algerian media landscape, while exhibiting some of the structural features of the industry in neighbouring North African countries, is unique in tending to employ a bolder tone and showing comparatively greater resistance to pressure. It is empowered by a long history of braving taboos, including enduring retaliations by extremist Islamist groups during the dark decade of the Civil War. However, Algerian national media has missed an opportunity for development. During the Civil War, it was reduced to a ‘patriotic’ platform for the regime’s messages and con- sistent attacks by rebels. Today, independent reporting is curtailed by a combination of formal and informal pressures. Media content is restricted by vague legal stipulations, including normative obligations to play a ‘national role’ in support of the state. The pre- carious situation of the private broadcast sector, which is tolerated without being licensed, increases its instrumentalisation, and it now heavily invests in sensational reporting, oper- ating at the margins of international standards. The Algerian media landscape represents multi-layered struggles and divides: linguistic, cultural, generational and ideological. It is a case study of excessive state intervention in the shaping of media content, operations and economic viability, especially by use of commercial pressure.2 The recent move towards the institutionalisation of media rights and freedoms is largely state-controlled and is seen as suspicious by a large part of the media community. Algeria’s new media law falls short of meeting international standards for freedom of expression. This report on Algerian national media and political change is part of the ‘Arab National Media and Politics: Democracy Revisited’ project, examining the relationship between Arab traditional mass media and the political sphere within the broad subject area of political change in the Arab world.3 Based on a series of around 30 in-depth qualitative 1 [If you speak, you die. If you are silent, you die. So speak out, and die.] Saying by Tahar Djaout, lead- ing Algerian journalist assassinated in 1993. 2 For media ownership see: Janet Wasko, Graham Murdock and Helena Sousa (eds), Media Ownership, Concentration, and Control The Evolution of Debate (UK: Wiley-Blackwell, 2011); Steven Barnett and Judith Townend (eds), Media Power and Plurality (Basingstoke: Palgrave, 2015); Gillian Doyle, Media Ownership: Concentration, Convergence and Public Policy: The Economics and Politics of Convergence and Concentration in the UK and European Media (London: Sage, 2002). 3 For a discussion on media systems, media and democratisation, see: Diamond Larry, ‘Rethinking Civil Society: Toward Democratic Consolidation’, Journal of Democracy 5/3 (1994), pp. 4–17; T. Carothers, ‘The End of the Transition Paradigm’, Journal of Democracy 13/1 (2002), pp. 1–21; D. C. Hallin & P. Mancini, Comparing media systems: Three models of media and politics (New York, NY: Cambridge University Press, 2004). 6 Algerian National Media: Freedom at a Cost interviews conducted with journalists and media stakeholders in September 2016, as well as analysis of media regulation and individual case studies, this report looks at the role played by national media – radio, television and print – in widening, or restricting, public debate under a competitive authoritarian system.4 The report especially examines the impact of state intervention in the media sector and its implications on indepen- dent reporting, taking into consideration the unique journey of a media industry trapped between extremism, authoritarianism, and political and ideological polarisation. Key Findings • Sustained state interference in shaping the national media sector and its economic prospects is preventing the institutionalisation of genuine media pluralism. Opening the broadcast sector to private ownership is only providing a façade of pluralism, while consolidating the homogeneity of media content and structures. • The regime’s use of the private broadcast sector as a platform for political messaging with no independent regulatory framework is reinforcing the uniformity of content and strengthening control by enforcing normative ‘national’ obligations of positive reporting. • State monopoly over public advertising is a powerful tool for undermining the eco- nomic viability of the critical press. Pressure on private advertisers to withdraw their financial support of critical media is alarming. • The progress of media reform towards the institutionalisation of media rights and freedoms is positive. However, there are many exceptions imposed on these rights in vaguely worded legal articles. • The sustained use of judicial pursuits against journalists and media organisations is draining financial resources and delegitimising the critical press, thus acting as a power- ful deterrent against any expression of dissent. Frequent imprisonment cases related to expression of dissent on social media is in contradiction with the new constitution that abolished prison sentences for journalists and acknowledged freedom of expression. • Lack of access to official information is a powerful barrier against independent re- porting. The entrenched habits of self-censorship by journalists – under the guise of protecting the stability of the country – are further empowered by the lack of practi- cal means to access information. • National Algerian media is yet to respond to challenges posed by recent developments in the media industry and to invest in adequate professional training for journalists, especially the youth. The entrenched traditions of opinion journalism are surviving alongside the thriving populist trends championed by the new media, which is largely loyal to the regime and consolidates lapdog journalism. A debate about the definition of professional standards is as important as the reform of journalistic bodies responsible 4 For analysis on the public sphere and its limitations, see: Jurgen Habermas, The Structural Transformation of the Public Sphere (Cambridge: MIT Press, 1989); Craig J. Calhoun, Habermas and the Public Sphere (Cambridge: MIT Press: 1992); Peter Dahlgren and Colin Sparks (eds.), Communication and Citizenship: Journalism and the Public Sphere in the New Media Age (London: Sage, 1992). Fatima el-Issawi 7 for protecting journalists’ rights. Algerian journalists need to regain the trust and re- spect of audiences, because their legitimacy is currently at stake. • Independent national media is besieged by a combination of regulatory, judicial and financial restrictions that make its future uncertain. The increase of pressure on criti- cal media after President Bouteflika’s election for his fourth term questions the genu- ine will of the government to implement efficient and inclusive media reform. The Algerian Spring and the Effects of Civil War When you ask Algerians about the wave of political uprisings that swamped the Arab world from 2010, a common answer is: ‘We already had our Spring’. The popular riots of 5 October 1988 paved the way to the introduction of a multi-party political system and the fall of state monopoly over the national press.5 Constitutional reforms were intro- duced and approved in a referendum organised in February 1989. The advent of the so-called independent press between 1990 and 1992 is viewed as the ‘Golden Age’ of the Algerian press. Newly launched print publications introduced a new diversity of content away from the uniform state media narratives. A military coup aimed at preventing the Islamic Salvation Front (FIS) from winning the second round of elections in January 1992 plunged the country into turmoil, leading to a brutal civil war between Algerian security forces and extremist Islamist factions.6 The so-called ‘dirty war’ lasted a decade, leaving 200,000 Algerians dead and approximately 15,000 forcibly disappeared, including journalists, effectively halting the process of media reform. The Civil War ended with the adoption of an amnesty law (Concorde Civile) in 1999, followed by the so-called Charter for Peace and National Reconciliation (Chartre pour la Paix et la Reconciliation Nationale) in 2005. The process was contested as failing to bring justice to the victims of terrorism. At the time of the 2011 Algerian protests, tens of thousands of demonstrators took to the streets, protesting against high food prices and unemployment. However, their numbers were too small to have an impact on mainstream politics. The country’s ability as a major oil and gas producer to increase public spending on subsidies, social housing and public sector wages, was one factor that helped limit the protests.7 But the lack of large-scale pop- ular engagement was indicative of a general rejection of radical political change among Algerians, whose cost could be renewed infighting. The collective memory of the Civil War had formed a psychological barrier. Bouteflika’s election for a fourth term in April 2014 despite his frail health, following a constitutional amendment in 2008 removing 5 The violent events led to around 500 deaths and thousands of arrests. See: Benjamin Stora, ‘Algerie, le Seisme d’Octobre 1988’, Liberation, 10 October 2008. Available at: http://www.liberation.fr/plan- ete/2008/10/10/algerie-le-seisme-d-octobre-1988_114109. 6 Luis Martinez, ‘The Algerian Civil War: 1990–1998’, Comparative Politics and International Studies (London: Hurst, 2002); Jonathan C. Hill, Democratisation in the Maghreb (Edinburgh: Edinburgh University Press, 2016). 7 Mohsin Khan and Karim Mezran, ‘No Arab Spring for Algeria’, The Atlantic Council, 29 May 2014. Available at: http://www.atlanticcouncil.org/publications/issue-briefs/no-arab-spring-for-algeria. 8 Algerian National Media: Freedom at a Cost restrictions on presidential term limits, can be considered a vote for the status-quo.8 Mean- while, human rights and freedom of expression continued to worsen. According to Freedom House ratings for 2015, Algeria declined from Partly Free to Not Free due to restrictions placed on the media during and immediately after the 2014 presidential election.9 Limits to Progress Following the country’s independence in 1962, the ruling National Liberation Front (Front de Libération Nationale, FLN), imposed a monopoly on the national press, limiting it to one daily French language (El Mujahid) and another published in Arabic (El Shaeb),10 along- side a few periodicals. The constitution of 1976 stated that freedom of expression should be exercised ‘within the framework of socialist principles’,11 which in practice banned all expression perceived to be against these ideals. State monopoly over the national press was abolished alongside the introduction of politi- cal pluralism in 1988. The new constitution of 1989 acknowledged fundamental freedoms and rights, such as freedom of expression and association.12 In line with this newly intro- duced political diversity, and in an attempt to reduce the scope and financial cost of the state-owned press,13 the new Information Code of 1990 (Article 11) granted professional journalists of the state press the right to own publications – up to a third of the publi- cation’s shares – on the condition that they organise themselves into collective editorial boards.14 These new projects benefited from strong state support, such as payment of salaries for three years, low rent and low-cost printing in the state-owned printing houses.15 The creation of the Information Code of 2012 (Article 12-05)16 was another major develop- ment, since it ended state monopoly over broadcast media, which had been exercised since the country’s independence. However, according to the Committee to Protect Journalists, at least 32 of the law’s 133 articles can be used to restrict independent reporting, imposing undue restrictions on access to information, as well as heavy fines for violations of the law.17 8 Richard Javad Heydarian, ‘Algerian Elections: The End of the Arab Spring?’, The Huffington Post, 18 April 2014. Available at: http://www.huffingtonpost.com/richard-javad-heydarian/algerian-elec- tions-the-en_b_5174754.html; Mélanie Matarese, ‘5 questions sur l’élection présidentielle algérienne’, Le Figaro, 23 March 2014. Available at: http://blog.lefigaro.fr/algerie/2014/03/5-questions-sur-llec- tion-presidentielle-algerienne.html. 9 See: Freedom House report. Available at: https://freedomhouse.org/report/freedom-press/2015/algeria 10 The two dailies are still published to date, although with very low distribution. 11 See: the 1976 Constitution. Available at: http://www.icla.up.ac.za/images/un/use-of-force/africa/ Algeria/Constitution%20Algeria%201976.pdf. 12 Article 39 of the 1989 Constitution. Available at: http://www.conseil-constitutionnel.dz/Constitu- ion89_2.htm#s3. 13 See an article by the pan-Arab newspaper Al Hayat on the complex relationship between the national press and the Algerian regime. Available at: http://bit.ly/2k2jd6U 14 Journal Officiel de la Republique Algerienne 14, 4 Avril 1990. Available at: http://www.ilo.org/dyn/natlex/ docs/ELECTRONIC/9961/77638/F1547031388/DZA-9961.pdf 15 Ibid. 16 La loi organique n° 12-05 du 18 Safar 1433 correspondant au 12 Janvier 2012. The law covers the publica- tion of ideas ‘by any written, sound, television or electronic support’. 17 ‘In Algeria, new media law stifles free expression’, Committee to Protect Journalists, 25 January 2014. Fatima el-Issawi 9 The Audiovisual Code of 2014 opened the sector to private authorised Algerian insti- tutions.18 However, private broadcast media was limited to thematic programmes and obliged to disseminate ‘messages of general interest for the public authorities and offi- cial statements aiming to maintain the public order’. In addition, conditions imposed on media ownership were strict19 and the government declared the non-availability of free frequencies on FM waves.20 The Audiovisual Regulatory Authority (Autorité de Régulation de L’Audiovisual, ARAV) was instituted in 2016 to oversee the broadcast sector – both private and state-owned – by ensuring the ‘free exercise of the audiovisual activity according to the conditions defined by law’. Its power extends to all broadcasting platforms – terrestrial, cable and satellite21 – and includes regulation (giving permission to use TV frequencies), control (ensuring adherence to all regulations) and advice (on all related laws). It also acts as an arbiter in resolving litigations.22 This new entity is formed of nine members nominated by presidential decree. With the system of nomination of members largely controlled by the President, and the lack of clear criteria in defining requirements for these posts, doubt can be cast on its ability to act independently away from governmental oversight.23 While Article 50 in the new constitution of 2016 consecrated freedom of the press, it also states that media freedom should be exercised ‘under the law and with respect of the religious, moral and cultural constants and values of the nation’. Article 51, on the other hand, declared the right to access information and to disseminate it. However, this right remains limited, excluding ‘the private life, persons’ rights, legitimate interests of enter- prises and the requirements of the national security’.24 While recent efforts towards media institutionalisation present a positive move, there are many exceptions especially when it comes to practical implementation.25 Prison sentences for journalists for offences related to their profession were abolished in the new consti- tution, but the frequency of legal cases brought against journalists, institutions or social media users based on defamation pursuant to the Penal Code is a powerful deterrent Available at: https://cpj.org/2012/01/in-algeria-new-media-law-stifles-free-expression.php. 18 Loi n° 14-04 du 24 février 2014 relative à l’activité audiovisuelle [Law 14-04], March 2014. Available at: http://www.ministerecommunication.gov.dz/fr/node/356. 19 Jose Alberto Azeredo, ‘Assessment of media legislation in Algeria’, MEDMEDIA, 2015. Available at: http://www.med-media.eu/library/assessment-of-media-legislation-in-algeria. 20 ‘Lancement de chaînes de radio privées: Messahel affirme la non disponibilité d’espace libre dans la modulation de fréquence’, Djazairess, 7 January 2014. Available at: http://www.djazairess.com/fr/ apsfr/339546. 21 See the website of the new regulatory body: http://www.arav.dz/fr/. 22 See the webpage detailing the mission of the new body: http://www.arav.dz/fr/2-non-categorise/26- missions-de-l%E2%80%99arav. 23 The first nomination by presidential decree of the new authority’s members took place on 19 June 2016. 24 République Algérienne Démocratique et Populaire, Constitution de la République Algérienne Démocratique et Populaire [The Algerian Constitution], p.7. Available at: http://www.joradp.dz/TRV/Fcons.pdf. 25 See: Freedom House Report on Algeria, 2015. Available at: https://freedomhouse.org/report/free- dom-press/2015/algeria. 10 Algerian National Media: Freedom at a Cost against dissent, especially because it can lead to prison sentences in practice.26 National Media and the Special Conditions Publications that emerged during the ‘Golden Age’ of 1990–92 helped the press gain a reputation of being ‘serious’ and ‘quality’. The most prominent among these publications are the French language El Watan, Liberté and Le Quotidien d’Oran, with leftist secularist tendencies, and the Arabic language El Khabar, which presents itself as a news-focused, independent publication with no political affiliation. These publications have faced competition in recent years from newly launched newspa- pers. The most notable of those, Echourouk and Ennahar, which score the highest in terms of distribution, are owned and managed by former journalists who are allegedly close to the regime and benefit from its financial support. In contrast to the sober tone and content of the so-called ‘quality’ press, these new publications compete over the sensational.27 The state audiovisual apparatus is limited to one institution, the Entreprise Nationale de Télévision Algérienne (ENTV), established in 1986, which manages five channels and four regional TV stations. The state also monopolises radio frequencies. The Etablisse- ment Public de Radio Diffusion Sonore (EPRS) manages seven national radio stations and 48 regional radio stations. The outbreak of the private audiovisual sector led to the flourishing of a multitude of tol- erated – yet unlicensed – television channels post-2012.28 These TV stations, broadcasting from inside the country with large operations and staff, operate in total regulatory limbo, registered as foreign media institutions. Only five have gained a temporary one-year authorisation from the Algerian authorities, which can be revoked at any time and requires continuous renewal. They allegedly adopt a news agenda favourable to the regime, or some currents within it. Indeed, the advent of private channels was first encouraged by the regime during a diplomatic crisis with Egypt over a soccer match, in which the Algerian winning team was subjected to violent attacks by Egyptian fans and media, leading to a political crisis between the two countries.29 26 Prison sentences can be imposed according to articles of the Penal Code: Article 144 imposes prison sentences – 2 months to 2 years – against ‘anyone who intends to infringe the honour, delicacy and respect due to their authority, […]of a magistrate, a civil servant, a public officer, a commanding officer or a law enforcement officer’; Article 144 imposes prison sentences – from 3 to 5 years – for ‘offences against the Prophet’ and Article 146 imposes prison sentences or fines for offences against public insti- tutions. 27 Ministère de la Communication, ‘Pluralisme, Professionalisme, Crédibilite’ [Pluralism, Profession- alism and Credibility], Les Cahiers de la Communication, May 2015, pp. 71–79. Available at: http://www. ministerecommunication.gov.dz/fr/node/1202. 28 These were launched in the context of a speech by Bouteflika in April 2011 in which he promised reforms in response to the wave of Arab uprisings and street protests in the country. See: ‘Algeria Leader Bouteflika Pledges Constitutional Reform’, BBC, 16 April 2011. Available at: http://www.bbc.co.uk/ news/world-africa-13102157. 29 Hamid Skif, ‘Game of Hate’, Qantara, 11 December 2009. Available at: https://en.qantara.de/