Algeria: New penal code amendments escalate attack on freedom of expression

ARTICLE 19 expresses alarm about recent amendments to the Algerian Penal Code, which mark a significant escalation in the Algerian government’s crackdown on dissent. By introducing new speech offences and increasing the penalties for existing ones, Algeria is expanding its legal tools to silence the opposition and critical voices ahead of the presidential election on 7 September 2024. We call on the Government of Algeria to repeal them and to bring its speech offences in line with international freedom of expression standards. In their current form, the new amendments fall foul of these standards.

The new amendments were adopted on 2 April 2024 after being introduced by the National People’s Assembly (APN) and confirmation by the Council of the Nation. President Tebboune promulgated¹ it on 5 May 2024, and it was then published in the official Gazette. They follow another series of amendments to the Penal Code in 2020, which were criticised by human rights organisations for their repressive nature.

We remind the Algerian government that any restrictions on freedom of expression must meet the principles of legality, legitimacy, necessity and proportionality.

Broadened legal constraints on the right to expression and information

New provisions were introduced in Articles 63 bis² and 63 bis 1,³ criminalising, for the first time clearly, the disclosure of information deemed confidential, without defining what could be described as confidential. These articles introduce life imprisonment for ‘treason’, defined as disclosing information deemed sensitive to national security, defence, or the economy when shared via social media platforms ’for the benefit of a foreign country or one of its agents’.

These articles exhibit significant legal ambiguities, particularly regarding the definitions of ‘confidential information’ and ‘the economy,’ which are overly broad and unclear. Establishing that information is disclosed ‘for the benefit of a foreign country or its agents’ is problematic when such information is made public rather than directly given. Additionally, the broad concepts of ‘harming the interests of the Algerian state’ and ‘the stability of its institutions’ in Article 63 bis I could suppress public interest information, such as exposing mismanagement in public administration, thus threatening freedom of expression and transparency. These provisions instil fear among journalists, activists, and ordinary citizens, causing them to hesitate to share or discuss information related to government actions or policies, even if such information is crucial for public debate and accountability.

Article 96⁴ violates the right to free speech by using vague and broad language to criminalise the dissemination of materials deemed harmful to the national interest and propaganda, which are not legal terms or limits. The recent amendments to the Algerian Penal Code, which impose severe penalties including doubled sentences for materials of foreign origin, deter information sharing, promote self-censorship, and isolate Algerian society from global perspectives.

Amendments to Articles 144⁵, 146⁶, and 149 bis 21⁷ of the Penal Code introduce significant restrictions on freedom of expression, particularly concerning statements directed at state officials, imams, and teachers, and insulting symbols of the ‘national liberation movement’. These amendments also include provisions that broaden criminal liability by targeting expressions that harm ‘the image of the security services and their agents’. The terms used in these amendments are notably vague and ambiguous. Phrases such as ‘intention of harming their honour’, ‘delicacy’, and ‘respect due to their authority’ lack clear definitions. While criticism of public officials and institutions is vital for transparency and accountability as set out in the United Nations Human Rights Council observation no 34 on freedom of expression, the amendments fail to recognise the importance of free expression, especially in the context of public interest.

Escalation in criminalising peaceful assembly

The amended Article 100⁸ extends governmental power to criminalise direct provocation to unarmed assemblies via information and communication technologies, using vague language that permits arbitrary interpretation and potentially criminalises legitimate dissent. This directly contravenes international standards, including Articles 19 and 21 of the International Covenant on Civil and Political Rights, by infringing on the right to assembly and creating a chilling effect. The government must clarify these terms, implement safeguards against abuse, and engage with civil society to align with human rights commitments.

Terrorism, the catch-all notion

Since 2021, Algerian authorities have increasingly used terrorism laws to prosecute journalists, human rights defenders, and political activists. Article 87 bis 13⁹, which was recently added to the Algerian Penal Code, significantly broadens the definition of terrorism to include any participation in the financing, organisation, facilitation, preparation, or execution of terrorist crimes, as well as any support for such activities. The vague definition of ‘terrorism’ in Algeria’s legal framework is problematic. If the definition were clear, criminalising acts such as the financing of terrorism would be justifiable.

However, the ambiguity in defining terrorism allows for broad interpretation and misuse, particularly against Algerian civil society. This issue is compounded by the amended Article 100, which further expands the scope to include information and communication technologies, potentially criminalising legitimate dissent and peaceful protest. Civil society organisations, media outlets, and human rights defenders are particularly at risk, as many of these entities rely on financial support for their non-profit activities. Under this broad definition, non-governmental organisations promoting human rights, independent media outlets, and activists receiving international funding could be unjustly accused of supporting terrorism.

According to the United Nations Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism, definitions of terrorism should specifically target acts of violence intended to cause death or serious injury to civilians or non-combatants, with the purpose of intimidating a population or compelling a government or international organisation to act or abstain from acting.

ARTICLE 19 urges the Algerian government to repeal recent amendments to the Penal Code, particularly those that broadly and vaguely expand criminal activities in relation to terrorism, restrict freedom of expression, and target civil society organisations, media outlets, and human rights defenders. We urge the government to align any amendments with international standards and ensure free discourse. We urge the authorities to immediately repeal Articles 87 bis 13, 144, 146, 148 and 149 bis 21.

We emphasise the fundamental obligation for the government to uphold and protect the public’s right to free expression. Algerian Authorities must repeal articles 63 , 63 bis, 96 and 100 to ensure that laws do not unduly restrict the dissemination of information or penalise those who share information in the public interest.

1
Benrahal Neila ‘’ The new Penal Code published in the Official Journal: National unity is a red line”, Al Moudjahed, https://www.elmoudjahid.dz/fr/actualite/le-nouveau-code-penal-publie-au-journal-officiel-l-unite-nationale-est-une-ligne-rouge-217873
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Article 63 bis: “Any Algerian who discloses confidential information or documents related to national security and/or national defense and/or the national economy through social media for the benefit of a foreign country or one of its agents is guilty of treason and is punishable by life imprisonment.”
3
Article 63 bis 1: “Anyone who discloses confidential information or documents related to national security and/or national defense and/or the national economy through social media with the intent to harm the interests of the Algerian state or the stability of its institutions is punishable by imprisonment for a term of twenty (20) to thirty (30) years.”
4
Article 96: “Subject to the provisions of Article 87 bis 5 of this code, anyone who distributes, sells, displays to the public, or possesses with the intention of distributing, selling, or displaying, for propaganda purposes, leaflets, bulletins, flyers, videos, or audio recordings likely to harm the national interest, shall be punished by imprisonment for a term of one (1) to five (5) years and a fine of 100,000 DA to 500,000 DA. When the leaflets, bulletins, flyers, videos, or audio recordings are of foreign origin or inspiration, the penalty is doubled. The court may also impose, in both cases, the penalty of prohibiting one or more civil rights in accordance with Article 14 of this code and a ban on residence.”
5
Article 144: “Anyone who, with the intention of harming their honor, delicacy, or the respect due to their authority, insults a magistrate, a public official, or a public officer, either through words, gestures, threats, sending or delivering any object, or through written or drawn material not made public, in the exercise of their functions or on the occasion of this exercise, shall be punished by imprisonment for six (6) months to three (3) years and a fine of 100,000 DA to 500,000 DA….The same penalty applies when the insult is committed against an imam or the body of teachers during or on the occasion of the exercise of their duties”.
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Article 146: ‘’Insult, slander, or defamation committed by means of writing, drawing, declaration, or any other medium of speech or image, or by any other electronic or informational medium, against the Parliament or one of its two chambers, the judiciary, the National People’s Army, or any constituted body or any other public institution, shall be punished by a fine of 200,000 DA to 500,000 DA. In the event of a repeat offense, the penalty is doubled. Criminal proceedings are initiated ex officio by the public prosecutor’’.
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Article 149 bis 21: “Anyone who harms the image of the security services or their affiliates through writing, drawing, or any other audio or visual medium, or by any other means, shall be punished by imprisonment for one (1) to three (3) years and a fine of 100,000 DA to 300,000 DA’’.
8
“Any direct provocation to an unarmed gathering, whether through publicly spoken words, written or printed materials displayed or distributed, or through the use of information and communication technologies ( new), is punishable by imprisonment of two months to one year if followed by effect, and in the contrary case, imprisonment of one to six months and a fine of 2,000 to 5,000 DA or one of these penalties”.
9
Article 87 bis 13:’’ A national list of persons and entities involved in terrorism is created for those who have committed any of the acts cited by: — Article 87 bis of this law; — Article 3 of Law No. 05-01 of 27 Dhou El Hidja 1425 corresponding to February 6, 2005, concerning the prevention and combating of money laundering and the financing of terrorism; — Acts of participation in the financing or organization, facilitation, preparation, or execution of terrorist crimes, or any support of any kind for such activities. For the purposes of this article, an entity is understood to mean any association, body, group, or organization, regardless of its form or name, whose purpose or actions fall under the provisions of Article 87 bis of this law.’’