THE MEDIA MUST RESPECT THE RIGHT TO PRIVACY IN INTERNATIONAL LAWS AND ALGERIAN LAW
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Abstract
Following the catastrophic consequences of the First and Second World Wars, the international community turned its focus towards establishing a robust legal framework dedicated to the protection of human rights and promoting a culture of safeguarding these rights across nations on a global scale. Among the rights addressed by international, regional, and Algerian legal systems are the right to information and the right to privacy. However, these legal frameworks differ in how they link these two rights. While some laws recognize privacy as a general right that must be respected by all entities, whether natural persons or legal entities, public or private, others—particularly Algerian media laws and certain international laws specific to the media—further specify that privacy, in addition to being a general right, constitutes a distinct obligation that media institutions and professionals must uphold.
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References
I. Books:
Abdul Razzaq Al-Dulaimi, Arabic source (Ilam wa Tashri‘atihi fi al-Qarn al-Hadi Ashar) Media Ethics and Legislation in the 21st Century, Al-Yazuri Scientific Publishing and Distribution, Jordan, 2015.
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a. Hani Swadekia, Arabic source (Ḥimāyat al-Ḥaqq fī al-Khuṣūṣiyya),"Protecting the Right to Privacy," Journal of Legal and Political Research and Studies, Issue 3, 2012.
III. Charters, Agreements, and Laws:
A. International Laws:
African Charter on Human Rights, 1981.
American Convention on Human Rights, 1969.
American Declaration of Human Rights, 1948.
Arab Charter on Human Rights, 1997 (amended in 2004).
Arab Journalists' Code of Ethics, 1965.
Charter of Fundamental Rights of the European Union, 2000.
Constitution of the General Union of Arab Journalists, 1964.
Declaration on the Basic Principles on the Contribution of the Media to the Promotion of Peace and International Understanding, and the Promotion of Human Rights, Combatting Racism, Apartheid, and the Incitement to War, 1978.
European Convention on Human Rights and Fundamental Freedoms, 1950.
International Covenant on Civil and Political Rights, 1966.
International Declaration on Journalistic Ethics, 1983.
Munich Declaration, 1971.
Universal Declaration of Human Rights, 1948.
B. Algerian Laws:
Algerian Constitution of 1963.
Algerian Constitution of 1976.
Algerian Constitution of 1989.
Algerian Constitution of 1996 (amended in 2016, 2020).
Executive Decree No. 16-222 dated August 11, 2016, concerning the General Terms and Conditions for Television and Radio Broadcasting Services.
Law No. 23-20 dated December 2, 2012, concerning Audiovisual Activity.
Law No. 82-01 dated February 6, 1982, concerning the Media Law.
Law No. 90-07 dated April 3, 1990, concerning the Media.
Ordinance No. 66-155 dated June 8, 1966, concerning the Code of Criminal Procedure, amended by Ordinance No. 17-07 dated March 27, 2017.
Ordinance No. 66-156 dated June 8, 1966, concerning the Penal Code, amended by Ordinance No. 16-02 issued on June 22, 2016.
Ordinance No. 68-525 issued on September 17, 1968, concerning the Statute of Professional Journalists.
Organic Law No. 12-05 dated January 12, 2012, concerning Media.
Organic Law No. 21-01 concerning the Electoral System, 2021.
Organic Law No. 23-19 dated December 2, 2012, concerning Written and Online Press..