The Audiovisual media Services Directive in Algeria
The most important and significant challenge currently facing Algeria's media landscape
directive is media law and regulation, particularly in the areas of audio-visual and electronic
media services. The Algerian government established "The Audio-Visual Control Authority"
to regulate and arrange this sector. As previously mentioned, under the executive branch's
jurisdiction and patronage, however, Article (64) of the Media Law of 2012 stated that the
Audio-visual Control Authority is an autonomous authority with moral personality and
financial independence. The tasks and responsibilities of this Commission Authority, as well
as its composition and functioning work under the Audio-visual Activity Regulation, are
outlined in Articles (65 and 54) of the Media Law in 2012 [1, p28] and Article (55) of the
Media Law in 2016. Basically, we summarised the Commission’s role through ensuring the
freedom to participate in audio-visual activity; within the conditions stated in this law,
legislation and regulations are valid. Securing the impartiality of the moral people who exploit
the audio-visual services of the public sector. Guaranteeing objectivity and transparency in
this sector. Ensuring the pluralistic representation of currents of thought and opinion in radio
and television programming is respected, particularly during political and public media
programs. And to ensure that the types of programs reflect national cultural diversity, this
Commission is endowed with numerous rights and broad powers that enable it to effectively
regulate audiovisual activity. Whereby, Article (55) of the Media Law in 2016 stated that
"The audiovisual control authority has the following powers, which are divided into three
subjects, as the control field, consultation, and dispute resolution cases". In the meantime, the
authority's range was expanded to include online audiovisual activity and electronic
journalism practice through the article (56) in media law in 2016 [2, p 28]. On the other hand,
Algerian scholars and media practitioners see it as a tool in the hands of the Algerian system
to strictly control audiovisual activity and restrict media freedom in many types and ways [3,
p180]. unlike the preceding article (64) of the Media Law 2012 that mentioned before, which
stresses the independence of this official body, Article (56) of the 2016 Media Law pointed
out that the majority members' are appointed by the President of the Republic [4, p 28]. As
opposed to electing members of this assembly, by comprising prominent journalists and
scholars in the media sector. That calls into question the independence and transparency of
this official body. However, it can become an instrument in the government's hands, enabling
it to exert control over the audiovisual sector and journalism practice, In the meantime, the
Algerian State sought to promote freedom of media practice in this sector through the article
(02) of the media law 2014, which provides for free practice of audio-visual activity, as
mentioned "Audio-visual activity shall be practiced freely" [5, p 08]. Article (02) of the 2012
Media Law N (12-05), which stipulated the freedom to engage in the audio-visual media
sector, indicates that there had previously been no control over this sector, but it also sets a
number of conditions, including respect for the Algerian constitution, Islam and other faiths,
national identity, national sovereignty, and national unity. Each infringement of those terms
subjects the Algerian journalist to legal action under the Algerian Penal Code, which imposes
harsh financial sanctions that can lead to imprisonment if they are not paid it [7, p 158].
Due to a shortage of diversity in the media landscape and the lack of information sources for
Algerian citizens and a desire to strengthen media pluralism and freedom of expression, the
Algerian state has alleged the freedom to establish media institutions and companies and to
open up the audiovisual sector through various private channels with regard to the needs of
the audiovisual sector. Article (61) of the Media Law 2012 and Articles (03), (04) and (14).
Of the Media Law 2014, which identified the authorized persons and institutions that are
permitted to participate in the audiovisual activity and broadcast television channels. As moral
individuals who have used a public-sector audiovisual service. Institutions and companies are
subject to Algerian law. And licensed public sector institutions, bodies and agencies. While,
all shareholders, on the other hand, must demonstrate that they are Algerian citizens with full
civil rights. They should not have been sued for breaking the public's honour or order. Also,
the shareholders who were born before July 1942 must prove that they did not engage in any
anti-Algerian Revolution actions. And they should be able to demonstrate the source of funds;
the social capital must also be purely domestic and national, and the shareholders must
include professional journalists and competent citizens. [8, p 08-09] As a result, the basic
requirements for the establishment of television channels are quite complex and can obstruct
pluralism in the audiovisual sector, and no one would have these requirements unless the
authorities renewed them. considered as similar conditions for candidacy for the republic's
presidency, which is typically intractable.
The audio-visual services directive consists of channels limited exclusively to the nonpublic, or as thematic channels. Which is defined by Article (07) of the Media law 2014 as
"television or audio programs concentrated on one or several topics. In contrast to the public
channels which have a diverse selection of television or audio programs directed to the wider
public throughout a variety of programs in the media fields, such as culture programs,
education and entertainment programs". In the meantime, Article (18) indicated the hourly
quantity of news and programs shares based on the size of the exploitation license, with a
special regulation [9, p 09-10]. However, their activities must have been licensed by the
Algerian authorities by official legal permits license. Whereby, Article (63) of the 2012 media
law and Article (17) of the Audiovisual Media law 2014 have expressly stipulates that "the
establishment of each thematic service is subject to audiovisual communication, distribution
over the radio or television transmission line as well as the use of electric radio frequencies
are subjected to a decree-issued license" [10, p27]. Another article says"... the establishment
of television and radio service broadcasts, by decree according to the conditions stipulated in
the provision of the law" [11, p10]. Meanwhile, as confirmed in the article (27) of the media
law 2016, the exploitation period and authorization for television broadcasting channels have
been limited only to 12 months, and 06 years for radio broadcasting services. These permits
licenses may be renewed in compliance with article (28) by the donor authority due to the
acceptance of the Audio-Visual Control Authority. In a similar vein, the Minister of
Communication has the power to halt the licensing process at any time. After a consultation
with the Audio-Visual Control Authority, which shall convey and justify this reasoned
decision to all requesters, as stated in article (22) [12, p 05; 06]. Furthermore, Articles (102),
(103) of the 2014 media law and Articles (08) of 2016 media law under the conditions book
of the audiovisual sector recognize that the audiovisual control authority has the legal
authority to suspend or revoke an audiovisual operation license without justification if the
private channels have exceeded any conditions [13, p18-19] for instance, the breach of
national defence, national unity, national security. An affront to public morality and public
order. The nation's economic and diplomatic interests, the confidentiality of the judicial
investigation and the national values and state symbols, As was the case with Algerian
channels "Al Watan, KBC, and Atlas TV," which were confiscated and their broadcasting was
eventually suspended due to their disregard for a number of pre-existing conditions.
Several obligations have been identified to avoid all of these violations and attempts to limit
the public media political programs. However, more than 34 limitations are specified in
Articles (48) and (11) of the 2016 media law, which require audiovisual service providers to
ensure impartiality and objectivity and to refrain from serving political, cultural, or racial
interests.Indeed, to the refrainment from glorifying violence and incitement to racial
discrimination, terrorism, or harassment against any individual because of his or her ethnicity,
gender, or membership in a particular race or religion, and to respect the moral dignity of all
people, living or dead. As well as respect the audiovisual control authority's decisions and
their implementation, and the recommendations of election monitoring bodies [14, p 08; 09].
Furthermore, there are impediments that are reflected in the exorbitant financial penalties set
forth in Chapter (9) of the law of 2012, Whereas 10 articles have mentioned punishable words
in their sense 8 times, throughout disturbance procedures or channel abolition in articles (116)
and (118) with the use of ambiguous words having multiple meanings [15, p 29; 32]. While,
Articles (95) and (97) of the media law in 2014, as well as article (53) of the media law of
2016, emphasized the mandatory allocation of 2% of audio-visual services incomes to
upgrade the professional level of journalists through training formation in institutes and
Colleges, in order to increase the professionalism and composition of Algerian journalists and
to promote media efficiency.

The electronic media Services Directive in Algeria:
To regulate electronic media services, the Algerian government attempted to organize
this sector through the 2012 media law, which included some articles about journalism
practice in this area and demonstrated how it operates. According to Algerian law, electronic
journalism practice is defined as "any audiovisual communication service over the Internet
that targets the general public, or a subset thereof, has been created and professionally
transmitted by a moral or legal person subject to Algerian law with controlling their
contents."Also, Article (70) stated that "online audio-visual activity on the internet consists of
producing original content directed to the public interest, including news related to events
subjected to journalistic treatment, regularly renewed" [16, p 08]. While this term was defined
in articles (07) and (56) of the audiovisual law 2014 as a communication service intended for
the general public via electronic means, [17, p 08]. Despite these definitions, the Algerian
lawmaker has not addressed the terms and conditions of the establishment and development of
electronic media in any of his articles, nor has he discussed the rights and possession of
websites. The electronic journalist was not mentioned as a professional practice. It is clear
that there is a legal gap in this field that must be filled. Regardless of unwillingness to apply
and implement Article (66), which considers that online media activity is freely exercised, and
subjected to registration procedures process and control of the authenticity of the information,
this exercise by filing prior permission to the Director-in-Charge of the Internet Media
Service. In this vein, the Algerian authorities obliged online media activity to be undergone
exclusively only in Algeria by obtaining the exclusive Broadcast range DZ from the Scientific
and Technical Media Research Center with the availability of all the necessary technologies
and equipment to facilitate the media activity of websites as stated in article (06). In contrast,
in order to control over the use of electronic media, the authorities have founded a
commission to censor the electronic media, through "The Written Press Control Authority"
which has the responsibility to control electronic media, as mentioned in articles (40) and (41)
in media law (2012-55), [18, p 06-08] In light of what was said in Article (02), which we
previously addressed, by upholding the Algerian constitution, Islam and other religions,
national citizenship, national sovereignty, and national unity, Article (71) pointed out that
"Electronic journalism and audio-visual activity shall be carried out via the Internet in
accordance with the provisions of article (02) of this Organic Law 2012" [19, p 09] Any
violations of these conditions would result in their abolition.We should note that from "2012
until 2020" the Algerian lawmakers have regulated this sector depending on these few
regulatory articles. Essentially, there is no legal framework addressing the conditions and
methods of establishing a new electronic media outlet, as the state of journalists' practitioners
in this field. That remained in a state of chaos. Meanwhile, on November, 22. 2020, we
witnessed the issuance of a new legal framework for electronic media No. 20-322, which
came to fill the legal and regulatory vacuum accrued in this sector. This decree sets out for the
first time the formal procedures for creating and establishing electronic media websites
However, An application for prior authorization of practice should be submitted to the written
Press Authority, with a 60-day deadline for consideration. By A moral person has an Algerian
nationality or a legal person subject to Algerian law. In cases of defamation and incitement,
he has not been precedented or convicted. He has all his civil rights. Everyone in charge of
electronic media websites must have a university degree or an equivalent. As well, they have
at least three years of experience in the media field. Also, any financial support from any
donor body must be justified and the organic relationship should be indicated, indeed to
prevent receiving funds from any foreign entity. And such violations of these terms and
conditions result in the submission of an excuse, suspension of activity, and withdrawal the
registration [20].
The Audiovisual media Services Directive in Ukraine
In Ukraine, mass media activities are governed by a plethora of laws and legislative acts
enacted by the Ukrainian parliament (Verkhovna Rada).However, the television and radio
broadcasting sector, state or private, are regulated through a fairly large number of legislative
acts such as the Ukrainian laws. On "the social system of television and radio broadcasting"
"The Information, Broadcasting, Advertising, Copyright" and "the National Council on
Television and Radio Broadcasting", which was ratified by the Ukrainian European
Convention on Cross-Border Television". The National Council, regarded as a governmental,
permanent, collegial body, is tasked with overseeing the enforcement of Ukrainian laws
regulating television and radio broadcasting and carrying out the implementation of the
regulatory powers granted by the legislation. The Ukrainian lawmaker determined The status,
powers, principles and organizational aspects of the audiovisual broadcasting activities,
composition, appointment and resignation of members of the body on "the National Council
for Television and Radio Broadcasting" [21, p155]. Regardless of how television and radio
programs are delivered, The National Council's work is guided by the principles of legality,
freedom, impartiality, openness, public accessibility, societal cultural, ideological, and
political diversity, widely agreed international broadcasting norms and standards, and
thorough consideration of issues.Eight members consist of this Council. The President of
Ukraine appoints four members of the National Council, while the parliament Verkhovna
Rada appoints four of them. The key responsibilities of this body can be summarized As well
as television and radio broadcasting licenses.Supervision and regulation of licensees'
adherence to the provisions of Ukrainian legislation in the field of television and radio
broadcasting, including advertisement and sponsorship, broadcasting order during election
campaigns and referendums, Conducting official monitoring of television and radio programs
and Developing common rules for all broadcasters to disseminate knowledge in accordance
with journalistic standards through establishing contact with television and radio
organizations [22]. Meanwhile, Article (11) of Ukraine's Law "On Television and Radio
Broadcasting" outlines the structure of the country's national television and radio
broadcasting, which consists of communal television and radio, joint-stock companies as
"National Public Television and Radio Company of Ukraine", "World Service" State
Television and Radio Company and State Enterprise "Parliamentary TV Channel" Rada,
"private, public and other television and radio organizations that have been formed in
accordance with Ukrainian law [23.p 10]. As well, Ukrainian law established several terms
and conditions to create a television and radio company, whereby, The National Council of
Ukraine on Television and Radio Broadcasting issues a broadcasting license, which certifies
the licensee's right to broadcast, and use broadcasting channels, broadcasting networks, and
multichannel television network channels in compliance with the terms of the license
According to Article (1) of the Law of Ukraine "On Television and Radio Broadcasting" the
basis of a broadcasting license issued by the National Television and Radio Broadcasting
Council. and distributes them by technical means of broadcasting. According to articles (12
and 13), the right to establish television and radio companies as economic entities in Ukraine
belongs to legal entities and citizens who are not limited in their civil capacity or persons with
full citizenship rights.Also, it is pointed out the people who are prohibited from establishing
and participating in the television and radio sector, such as moral and legal persons who are
residents of a country recognized by the Verkhovna Rada of Ukraine as the Aggressor State or
occupied by the State. Indeed, political parties, trade unions, religious organizations, and legal
entities founded by citizens who are serving prison sentences or have been declared
incompetent by a court.And any failure to comply with these requirements is considered to be
grounds for non-admission of the relevant television and radio organization to the competition
for the issuance of a broadcasting license, refusal to issue and renewal of a broadcasting
license. Additionally, The Commercial Code of Ukraine allows and regulates foreign persons
or legal entities in the authorized capital of television and radio organizations. [24.p 11].
According to Ukraine's Law on Television and Radio Broadcasting, television operations
cannot be used for a variety of purposes, including: dissemination of information that
infringes on the honor and privacy of persons and legal entities, which violates their legal
rights and interests; broadcasts of television programs containing popularization or
propaganda by the aggressor state's author; and broadcasts of television programs containing
popularization or propaganda by the aggressor state's author.[25.p 8].We need to mention that
Ukraine signed an international agreement in Geneva in 2006 that consolidated Ukraine's
transition from channel to digital broadcasting by 2015. In the same year, Ukraine's Cabinet
of Ministers released an order on the urgent implementation of the State program for the
introduction of digital television and radio broadcasting, citing the need to transition to
advanced transmission and reception technologies. [26]
In order to bolster this sector, The Council of Europe's Parliamentary Assembly, in its report
on Ukraine's duties and obligations, described the key responsibilities for Ukraine in
audiovisual broadcasting, including: converting state television and radio companies into
public broadcasting channels; and ensuring the transparency of mass media ownership.Create
equal conditions for all mass media; Ensure compliance of the new version of the Law on
Television and Radio Broadcasting with the standards of the Council of Europe and the
recommendations of its experts [26, p 88]. Due to that, and after the Euromaidan revolution,
the audiovisual sector in Ukraine witnessed many implementations throughout the new
version of reforms which seek to comply with European Council standards and their
cooperation towards democratization, However, the adoption of the Law of Ukraine "On
Public Television and Radio Broadcasting of Ukraine" in March 2014, which provided for the
transformation of the state television and radio system into a public system qualitatively
modern, was the first step. That led to creating the National Public Television and Radio
Company of Ukraine (NSTU), which was officially registered as a legal entity on January 19,
2017, with 100 percent of shares owned by the state. Meanwhile, the Supervisory Board is
NSTU management, which oversees the company's operations and works under the authority
of the Law of Ukraine "On Public Television and Radio Broadcasting in Ukraine" and the
NSTU Charter. The NSTU's activities are guided by the following principles: public interests
take precedence over commercial and political interests; comprehensive, objective, and
balanced information on socially significant events in Ukraine and abroad; and adherence to
public morality norms; freedom of expression of views, opinions, and beliefs; and
independence of management and current operations from state and commercial
interests.Hence, the significant notable improvement that has emerged here is that state and
local self-government bodies can not interfere with one another in NSTU's activities in order
to impose censorship, prior control, and unlawful influence over the quality of information
disseminated by Ukraine's public television and radio broadcasting [27.p 19; 21]. Hence, the
editorial independence of the public broadcaster from political control has become a
significant achievement. High-profile investigative news projects first aired on public
television.
Additionally, because of restrictions and monopolization of television and radio companies by
industrial, financial, political, and other groups or individuals, as well as financial and
political pressure from them, as well as public authorities and local governments, As a result,
the Law of Ukraine on "Amendments to Ukrainian Laws for Ensuring Transparency of Mass
Media Ownership and Implementation of State Policy Principles in the Field of Television
and Radio Broadcasting," which was passed in September 2015, was also the first step toward
a more accessible, transparent, and decentralized media structure.As stated in the third part of
Article (16), shall be supplemented with the eleventh paragraph as follows: "information on
the fulfilment by television and radio service organizations and software service providers of
the requirements for the disclosure of information on the ultimate beneficial owners
(controllers), on related parties and on the ownership structure" [28.p p. 409]. Basically, the
adopted law indicated that all broadcasters licensed in compliance with Ukrainian law are
required to submit details on the ownership structure to the National Council. The ownership
structure report contains a reasonably comprehensive list of details, including information on
all owners, participants, and shareholders of the subject of information activities at all levels.
Furthermore, details on all individuals who own more than 10% of the licensee's approved
capital and/or shares, all main participants of each legal entity operating in the chain of
ownership, and the relationship of control between such participants should be disclosed. The
ownership arrangement of the broadcaster should also be disclosed on the broadcaster's
official website. In this manner, any audience may easily determine who might be
manipulating the channel's editorial policy [29] and any failure to submit this information or
late submission and false information or volition in the audio visual sector. The National
Council of Ukraine has the authority to impose penalties and sanctions throughout the
achievement and adaption of the Law of Ukraine On "Amendments to the Law of Ukraine"
On Television and Radio Broadcasting "on Improving the Procedure for Applying Sanctions
by the National Council" by the Verkhovna Rada on November 1, 2016. However, a fine of
25% of the license fee is provided for all licenses granted to the violator. As stated in the law
in Article (72) and (42), "The National Council may decide to impose a fine in the amounts
specified in this part, regardless of the application of a warning to the violator, only in the
case of the following violations: 25 percent of the license fee for TV and radio organizations;
calls for a violent change in Ukraine's constitutional order; calls for an aggressive war or its
propaganda and/or incitement to national, racial, or religious hatred and hatred; propaganda of
exclusivity, superiority, or inferiority of persons based on religious beliefs, ideology,
belonging to a particular nation or race,
As a result of Russia's propaganda and widespread disinformation, Ukrainian authorities
adopted the Law of Ukraine "On the International Broadcasting System of Ukraine," which
provided a legal foundation for the launch of state foreign broadcasting. and specifies the
duties and roles of Ukraine's state foreign broadcasting, the values of state foreign
broadcasting in order to protect Ukraine's national interests abroad, establish and maintain a
positive image of Ukraine in the world through timely, objective knowledge about events in
Ukraine, and disseminate official domestic and foreign policy and position of the state, the
activities of state foreign broadcastingTherefore, Article (2) shows the legal basis of system
activity of the state foreign broadcasting of Ukraine, which consists of the state enterprise
"Multimedia platform of foreign broadcasting of Ukraine" and the Ukrainian national
information agency "Ukrinform". As a result, legal entities that are part of Ukraine's state
foreign broadcasting system may establish separate subdivisions in their structure-state
correspondent offices-for the implementation of tasks assigned to state foreign broadcasting,
as well as to provide consulting and other services to foreign media outlets located in
Ukraine's territory on legal grounds for the purpose of carrying out their
mandate.Furthermore, Article (5) establishes the Principles of State Foreign Broadcasting and
guarantees the subject independence of Ukraine's state foreign broadcasting in accordance
with the following principles: coordination with the general goals of Ukraine's foreign policy,
international standards, and treaty obligations; free expression of views, opinions, and beliefs;
and non-interference in the affairs of Ukraine.Independence of the editorial policy of the
subjects of state foreign broadcasting from state authorities, local self-government bodies,
their officials and officials, political parties, enterprises, institutions, organizations, and
individuals; Transparency and openness of activity; Non-discrimination on any grounds; and
respect for the moral, religious, ideological and ideological beliefs of the audience.
Meanwhile, Article (13) stated the process of the broadcasting license of the state enterprise
through "Multimedia platform of foreign broadcasting of Ukraine" Licensing of MPIU
broadcasting shall be carried out in accordance with the procedure and requirements
established by the Law of Ukraine "On Television and Radio Broadcasting", taking into
account the peculiarities that are provided in this Article. In order to carry out its activities,
the MPIU, on the basis of a relevant decision of the National Council of Ukraine on
Television and Radio Broadcasting, obtains broadcasting licenses (including a list of
broadcasting channels) owned by the State Television and Radio Company "Ukrainian
Television and Radio Broadcasting. The right of MPIU to broadcast. Reissuance of licenses
issued in accordance with part two of this article shall be carried out on the basis of an
application submitted by the MPIU to the National Council of Ukraine on Television and
Radio Broadcasting within 10 working days from the date of receipt of such application.
While, Article (10) in the same law stipulates the financing sources of foreign broadcasting
which can be; Funds received from the sale of own TV and radio products; Funds received
from the broadcast of advertising; Payment for the use of copyright and related rights; State
budget funds; Voluntary, Charitable and sponsorship contributions, Donations of individuals
and legal entities (except for anonymous donations); other receipts not prohibited by law [31,
p 37].
The electronic media Services Directive in Ukraine:
Several drafts of legal legislation relating to this sector were established early by
Ukraine's authorities in attempts to regulate this sector. Such as the decree of the President of
Ukraine № 928 "On measures to develop the national component of the global information
network Internet and ensure wide access to this network in Ukraine" on July 31, 2000,
decision № 358 "On approval of the Methodology for calculating the size of the license fee
for the issuance, renewal and issuance of a duplicate broadcasting license", The order of the
Ministry of Transport and Communications № 153 "On Approval of the Procedure for State
Registration of Electronic Information Resources" 27 April 2005, "On Approval of the
Regulation of the State Register of Producers", On Licensing Provisions of the Television and
Radio Broadcasting Authority Distributors and Broadcasters of Films "and the Draft Law of
Ukraine № 7251 on the Concept State Information Policy" in 13.10.2010 etc. In this regard,
we observed that the term "electronic media" was used in several legislative acts at the same
time, without definition, or with a definition in the electoral law as the audiovisual media
sector.[32, p183] While the law of Ukraine defines mass media As media intended for public
dissemination of printed or audio-visual information. At the same time, the law provides for
the separation of mass media into print and audio-visual media. [33] Hence, the law of
Ukraine distinguishes between different types of media, Due to that, the first article of
Ukraine's Law on Television and Radio Broadcasting mentioned that the essence of
broadcasting (television and radio broadcasting) as the transmission of audio-visual
information through electromagnetic waves propagated by transmission devices and received
by any number of television and radio receivers. also stated that audiovisual (electronic)
media are "companies providing mass acceptance by consumers of audiovisual information
transmitted in the form of electrical signals and received by domestic electronic devices" [34].
In the case of establishments of electronic media, the process of registering and reregistering
electronic media outlets is regulated by Ukraine's State Register of Television Organizations
and requires that an entity be registered with the National Council. The following details
should be included in the Internet media registry [35], According to the NMPU; Address on
the Internet or Internet address space; The creators of the Internet publication (surname, name
and patronymic, full name and code according to the USREOU of the legal entity);Legal and
actual addresses, telephone numbers and e-mail addresses of the founders; The full name of
the body (person) approved by the founders of the Internet publication to enter into
employment contracts and perform organizational and administrative functions of the
employer for employees of the Internet publication and proprietors of intellectual property
rights in commercial names and trademarks in Internet media, as well as logos [36]. Within 7
working days of receiving all necessary documentation, the subject will be issued a certificate
of state registration based on the relevant decision of the National Council. However, any
violations of the topics that we have previously stated on Ukraine's Law on Television and
Radio Broadcasting and stated in articles (109, 110, and 436) of the Ukrainian Code will
result in the National Council suspending electronic media activity.The cancellation process is
carried out in several cases, such as; in the absence of annual confirmation of the TV
organization's activities; According to a statement from the founder of the broadcaster
himself; On the basis of the court's decision; or other reasons (Item 5.1) [37]. Thus, the
punishments can be for broadcasters, software service providers, their managers and staff, and
other economic electronic entities by the courts or through the National Council implementing
subsequent sanctions. These include warning announcements, the collection of a fee, and the
filing of a court case to revoke a broadcasting license. Despite the Council of Europe's
Recommendation, which formulated a set of requirements for a new definition of "media,"
which include: aim to serve as media, compliance of priorities and objectives with media
roles, editorial control personnel (editors), acknowledgement of professional standards,
audience coverage and related distribution tools, and compliance with public expectations
[38]. And due to a lack of legal oversight of online media, the majority of online news agency
publications are unregistered. Current legislation governing publishing, broadcasting, and
news organizations governs this status. The Ukrainian authorities set up a Scanning Order
Regarding the Vulnerability of Public Information Resources Posted on the Web on 15
January 2016 No. 20 [39] Given the presence of real cyber threats and misinformation,
Ukraine established special legal regulations to combat cyber threats, which are used, in
particular, for the Russian hybrid war; however, as stated in the President Decree of Security
and Defence of Ukraine "On Cyber Security Strategy of Ukraine," ensuring national interests
in cyberspace is becoming a new requirement for authority, as stated in the President Decree
of Security and Defence of Ukraine "On Cyber Security Strategy of Ukraine."
As a result of Ukraine's latest reforms. The Ukrainian parliament "Verkhovna Rada" has
registered Bill No2693-d-an updated version of the bill "On Media," which was registered in
December 2019. That provides additional protections to ensure a balance between such
legislation and freedom of speech in the electronics sector. The first version elicited a strong
public reaction among academics. [41] The revised bill specifies the approach to the concept
of "online media," which includes the daily distribution of mass content, the use of a separate
site or page on information sharing sites (such as a YouTube channel) with an individual
name, and the provision of editorial control. Other provisions against extending the reach of
the new legislation are included in Article 36 of the updated draft law. Thus, the draft law's
provisions are explained in such a way that the National Council's powers are limited to
audiovisual media and not relate to mass information on the Internet. , the registration process
for all online media has become voluntary. It is not a condition for starting any activity. Thus,
The National Council's consideration of an application for registration of online media does
not halt the operation of such activity. The draft specifically states that only registered
electronic media can obtain government aid and enter into agreements covering the activities
of state bodies and local governments. And they have the right to participate in co-regulatory
mechanisms. This draft law emphasized that online media are not required to reveal their full
ownership structure in the process of registering or to report changes in their structure, unlike
TV channels. It should be noted that practically all of the restrictions mentioned in Article 36
of the draft law replicate the norms of current Ukrainian legislation on information that is
prohibited from being disseminated to all such calls for forcible reform, overthrow of
Ukraine's constitutional order, resolution or conduct of aggressive war or military conflict,
violation of the territorial integrity of Ukraine etc. Indeed, the National Council now has the
authority to enforce restrictions on online media companies [42].
Conclusion
The main conclusion that can be drawn is that, despite the Algerian authorities emphasizing
that audiovisual activity must be exercised freely within several regulations, there are many
restrictions on the professional practice sector, whereby the Algerian audiovisual control
council has become a mechanism in the hands of the Algerian system to strictly control
audiovisual practice and limit media free expression.and The method of appointing members
of this council is ambiguous and unclear; instead, to elect them democratically from among
practitioners, journalists, or scholars, or based on merit rather than allegiance. The Algerian
authorities' strict requirements for establishing private channels and media companies that do
not meet international standards, exclusively limited to thematic channels with a one-year
license permit.Any violation in this sector exposes the Algerian journalist to legal prosecution
under the Algerian Penal Code, which imposes harsh financial penalties that can lead even to
imprisonment or to suspending their company. True,The majority of these audiovisual media
are established by businessmen, which violates Article 19 of the Law on the requirements for
persons eligible to create audiovisual communication services, which requires shareholders to
be professional journalists and other qualified individuals. The current findings confirm that
the process of establishing audiovisual activity in the Ukrainian sector is related to all legal
entities and individuals who are not restricted in their civil rights and the license granted by
the National Council, including international individuals or legal entities, as opposed to the
Algerian system, which prohibits foreign persons or companies from exploiting this
s.Additionally, the Ukrainian Law on Public Television and Radio Broadcasting states that
one of the primary characteristics of public service broadcasting is the ability to perform tasks
not inherent in commercial media. Another significant improvement in Ukraine's commitment
to aligning national legislation with European Union standards is the establishment of
conditions for ensuring the transparency of media ownership, the independence of the
editorial office, and the transformation of state television and radio companies into public
broadcasting channels and companies; additionally, local self-government bodies are not
permitted to intervene in NSTU activities.The adoption of the "Ukraine's International
Broadcasting System Law," established a legal basis for the launch of state foreign
broadcasting. And set out the responsibilities and functions of Ukraine's state foreign
broadcasting, as well as the principles of state foreign broadcasting, in order to protect
Ukraine's national interests abroad.
In the case of electronic media, the establishment of any electronic outlet requires
authorization by the authorities, with a 60-day deadline for consideration, following the recent
adoption of a new legal structure for electronic media in Algeria in an effort to fill the
regulatory void in this sector. The authorities set up a commission to monitor electronic media
through "The Written Press Control."As has been formed in the audiovisual sector.
Correspondingly, the procedure of authorizing electronic media outlets by Ukraine's State
Register of Television Company and the National Council within 7 days if all appropriate
documents are accepted. While, the courts may issue warning letters, collect a fine, and issue
court orders to revoke a broadcasting license for any violations in this field.While the
Ukrainian sector recently adopted the Basic Principles of Ensuring Cyber Security Law,
which is regarded as a significant step toward protecting the vital interests of man and
citizens, society and state, and Ukraine's national interests in cyberspace against the Russian
misinformation war,The most significant point is that the newly amended bill states that the
registration process for all online media outlets is now voluntary, that online media outlets are
not forced to disclose their full ownership structure during the registration process or to report
changes in their structure, and that the National Council's controls are restricted just to
audiovisual activity.
1-The Official Journal of the Algerian Republic (2012), Law 05/12, related to the media, No
02, issued on 01-15, p. 28.
2-The Official Journal of the Algerian Republic (2016) Executive Decree No. 220/16 defines
the conditions for the implementation of the announcement of candidacy for the granting of a
license to establish an audiovisual communication service My Subjects, N 48, p. 28.
3-Wadraa Hadriya (2017) An Analysis of Media Public Policy in Light of Political Pluralism
in Algeria, "1990-2016 PhD thesis in Political Sciences and International Relations, Public
Policy Major, Faculty of Political Science and International Relations, University of Algiers
p. 180.
4-The Official Journal of the Algerian Republic (2016) Ibid, p 28.
5-The Official Journal of the Algerian Republic (2014) Law 04/14 related to audiovisual
activity, ibid, P. 08
6-the Official Journal of the Algerian Republic (2012) Law 12/05, ibid, p 22.
7-Abdelali Yousfi (2017) Media Legislation in Algeria in the Light of Pluralism, "An
Analytical Study of the Laws of 1990-2001-2012-2008 and their impact on journalistic
practice through a sample of journalists," ibid, p158.
8-The Official Journal of the Algerian Republic (2014) ibid. pp. 08-10
9-Ibid, pp. 09-08.
10-The Official Journal of the Algerian Republic, (2012) Law 12/05, ibid. 27.
11-The Official Journal of the Algerian Republic, (2014) ibid, p.10.
12-the Official Journal of the Algerian Republic, (2016) Executive Decree No. 220/16 defines
the conditions for the implementation of the announcement of candidacy for the granting of a
license to establish an audiovisual communication service My Topics, Issue No. 48, pp. 0506.
13-The Official Journal of the Algerian Republic (2014) Ibid, pp18-19.
14-The Official Journal of the Algerian Republic (2016) Ibid, pp 08-09.
15-The Official Journal of the Algerian Republic (2012) Ibid, pp 32-29.
16-Ibid, p 08
17-The Official Journal of the Algerian Republic (2014) Ibid, p.20.
18-The Official Journal of the Algerian Republic (2012) Ibid, pp 8-6.
19-ibid, p, 9.
20-http://www.ministerecommunication.gov.dz/ar/node/9604
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