ARTICLE 19 warns over press freedom in Algeria

ARTICLE 19, the London-based non-profit defending freedom of expression, has sharply criticised the Algerian authorities over what it calls growing restrictions on press freedom linked to Algeria’s Company Law and broader regulatory environment. In a statement issued this week, the organisation urged President Abdelmadjid Tebboune’s government to safeguard independent journalism, warning that recent legal changes risk chilling critical reporting at a time when private enterprise in Algeria faces rising scrutiny.

The call comes after months of tightening controls on media outlets and the business sector. ARTICLE 19 points to clauses in the 2020 Company Law that grant wide discretion to officials to suspend or dissolve companies on vague grounds such as “undermining national security” or “disturbing public order.” While Algeria’s parliament approved the law in late 2020, ARTICLE 19 says its implementation has accelerated in 2023, with several high-profile cases involving media companies whose licences were revoked or frozen.

One such case involves the privately owned news portal Radio M, which was shut down in April 2023 by the Ministry of Communication following a complaint from the National Agency for the Prevention of Corruption. The portal’s founder, Ihsane El Kadi, remains under judicial supervision and faces potential charges under Article 96 of the Penal Code, which criminalises “defamation against state institutions.” El Kadi has denied wrongdoing and says the closure was politically motivated.

ARTICLE 19 argues that these legal instruments are being used to silence outlets that cover sensitive topics such as corruption in state-owned enterprises like SONATRACH or mismanagement in public banks. The group cites data from the Committee to Protect Journalists showing Algeria dropped to 136th place in the 2023 World Press Freedom Index, down from 129th in 2020.

For entrepreneurs and founders in Algeria, the implications are immediate. The Company Law’s broad language—such as “activities incompatible with public interest” or “threat to social cohesion”—can be used to target not only media but also tech startups, digital platforms, and even traditional businesses that host forums or publish user-generated content. A start-up founder in Algiers, who asked not to be named, told Reuters recently that several co-working spaces in the capital have quietly removed whiteboards from meeting rooms after receiving informal warnings from municipal officials about “unmonitored discussions.”

The legal risks are compounded by overlapping jurisdictions. The Ministry of Interior, the Public Prosecutor’s Office, and the National Telecommunications Regulatory Authority (ARPT) each have overlapping powers to investigate, block, or penalise digital content. According to APS, ARPT issued 47 formal warnings to online publishers in the first half of 2023—up from 29 in all of 2022.

While the government defends the measures as necessary to combat “foreign interference” and “fake news,” business leaders say the uncertainty is hurting investor confidence. The Algerian Private Sector Forum (CAPS) reported in June 2023 that 34% of surveyed entrepreneurs cited regulatory unpredictability as their top concern, tied with access to foreign exchange. “If the state can shut down a company tomorrow for publishing an article or hosting a panel, how can we build scalable platforms?” asked a digital entrepreneur based in Oran.

For the Algerian diaspora, especially those running businesses abroad or investing back home, the climate adds another layer of risk. A Paris-based fintech founder told Jeune Afrique this week that due diligence now includes a checklist of sensitive topics to avoid in Algerian media coverage before approving deals. “We no longer just check financials—we check if the founder has ever commented on macroeconomic policy or energy subsidies,” the founder said.

ARTICLE 19 has urged Algeria to amend the Company Law to define “national security” and “public order” in line with international standards. The organisation also calls for the decriminalisation of defamation and the establishment of an independent media regulator. So far, the government has not responded publicly.

Key takeaway for entrepreneurs:
Algeria’s Company Law now allows authorities broad powers to suspend or dissolve businesses on vague grounds tied to national security or public order. Media and digital platforms face the highest risk, but any company hosting public content or forums should review compliance policies. Entrepreneurs should factor increased regulatory scrutiny into business models and seek legal advice before expanding into content-sharing or public discussion services.