THE WRITTEN PRESS AND ELECTRONIC PRESS REGULATORY AUTHORITY BETWEEN INDEPENDENCE AND DEPENDENCE IN LIGHT OF LAW NO. 23-19

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BOUGHERRA RADHOUANE,REMAZNIA SOFIANE

Abstract

The Algerian legislator explicitly acknowledged the independence of the authority to control the written press and electronic journalism as an independent administrative authority, as this characteristic symbolizes the escape of this authority from any form of administrative control, which means that the independence of the authority to control the written press and electronic journalism find its guarantees in one of them is organic and the other is functional. But when reflecting on the legal texts organized by it as a body that was entrusted with controlling the activities of the written press and electronic journalism, it concludes that this independence is relative that raises several questions and interpretations about the extent to which the legislator recognizes it, whether it relates to the organic or functional side, which made this characteristic relative and restricted by the executive, which makes it dependent on it.

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References

A – Books

 Mari-José Guedon, Independent Administrative Authorities, L.G.D.J., Paris; 1991.

 Michel Gentot, Independent Administrative Authorities, 2nd Edition, Montchrestien, Paris; 1994.

 Rachid Zouaimia, Independent Administrative Authorities and Economic Regulation in Algeria, ED Houma, Algiers; 2005.

B – Theses

 Waled Boujemline, Economic Regulatory Authorities in Algerian Law, Master's Thesis, State and Public Institutions, Faculty of Law and Administrative Sciences, University of Algiers; 2007.

 Nadhira Dheeb, Independence of Regulatory Authorities in Algerian Law, Master's Thesis, Public Law, Faculty of Law and Political Science, Mouloud Mammeri University, Tizi-Ouzou; 2012.

 Nabil Moussaoui, Neutrality of Independent Administrative Authorities, PhD Thesis, Public Law, Faculty of Law and Political Science, University of Abderrahmane Mira, Bejaia; 2019.

 Mohamed Jebri, Independent Administrative Authorities and the Advisory Function, PhD Thesis, Legal and Political Sciences, University of Algiers 01; 2014.

 Hicham Meziane, Regulation of Media Activity in Algerian Law, PhD Thesis, Public Law, Faculty of Law and Political Science, University of Abderrahmane Mira, Bejaia; 2021.

 BERRI Noureddine, New Modes of Regulation in Telecommunications, PhD Thesis in Sciences, Law and Political Science Department, Mouloud Mammeri University, Tizi-Ouzou; 2014.

C – Newspaper Articles

 Sahra Sidiq, Aspects of the Independence of Independent Administrative Authorities in Algeria, Algerian Journal of Law and Political Sciences, Institute of Legal and Administrative Sciences, Ahmed Ben Yahia El Ouanshiri University, Tissemsilt, Algeria, No. 4; 2014.

 Samira Mohamedi, Regulatory Authorities: Between Independence and Supervision, Algerian Journal of Legal and Political Sciences, University of Ben Youssef Ben Khedda, Algeria, Vol. 52, No. 04; 2015.

 Ben Attia Lakhdar, Tichouch Fatima Zahra, The Limitations of Regulatory Authorities in the Field of Print Journalism, Journal of Legal and Political Studies, Vol. 06, No. 01; 2020.

 Fatima Zahra Bouqta, The Audiovisual Authority: What Independence?, Critical Journal of Law and Political Science, Faculty of Law and Political Science, Tizi-Ouzou, Vol. 02, No. 02; 2023.

 Ilham Kherchi, The Audiovisual Regulatory Authority under Law 14-04: Between Regulatory Requirements and the Limitations of the Text, Journal of Arts and Social Sciences, Vol. 13, No. 1; 2016.

 Abderrahmane Ben Djilali, The Degree of Independence of Media Regulatory Authorities in Algeria, Journal of Legal Studies, Vol. 06, No. 2; 2019.

D – Seminar Papers

 Rachid Zouaimia, Economic Regulation Tools: Independent Administrative Authorities, Proceedings of the 7th National Conference on Economic Activity Regulation in Algeria: Between Legislation and Practice, University of Saïda, December 10-11, Algeria; 2013.

 Said Ou Larabi, Independent Administrative Authorities: Toward a New Approach to Public Affairs Management, Moroccan Journal of Local Administration and Development, Current Issues Series, No. 25, Morocco; 2001.

E – Websites

 Abdoulaye Diarra, Independent Administrative Authorities in French-speaking African Countries: The Cases of Mali, Senegal, and Benin, available at: http://www.afrilex.org (consulted on 05/04/2025).

F – Legal Texts

 Law No. 12-05 of January 12, 2012, concerning the media, Official Gazette No. 02, issued on January 15; 2012.

 Law No. 23-14 of August 27, 2023, concerning the media, Official Gazette No. 56, issued on August 29; 2023.

 Law No. 23-19 of December 2, 2023, concerning print and electronic press, Official Gazette No. 77, issued on December 2; 2023.

 Ordinance No. 07-01 of March 1, 2007, concerning cases of incompatibility and special obligations for certain positions and functions, Official Gazette No. 16, issued on March 7; 2007.

 Ordinance No. 03-03 of July 19, 2003, concerning competition, Official Gazette No. 43, issued on July 20; 2003, amended and supplemented by Law No. 08-12 of June 25, 2008, Official Gazette No. 36, issued on July 2; 2008, and Law No. 10-05 of August 15, 2010, Official Gazette No. 46, issued on August 18; 2010.

 Presidential Decree No. 96-113 of August 2, 1996, establishing the Mediator of the Republic, Official Gazette No. 20; 1996.

 Presidential Decree No. 99-240 of October 27, 1999, concerning appointments to civil and military positions, Official Gazette No. 76; 1999.

 The Constitution of the People's Democratic Republic of Algeria, issued by Presidential Decree No. 96-438 of December 7, 1996, Official Gazette No. 76, issued on December 8; 1996, amended and supplemented by:

• Law No. 02-03 of April 10, 2002, Official Gazette No. 25, issued on April 14; 2002,

• Law No. 08-19 of November 15, 2008, Official Gazette No. 63, issued on November 16; 2008,

• Law No. 16-01 of March 6, 2016, Official Gazette No. 14, issued on March 7; 2016,

• Presidential Decree No. 20-442 of December 30, 2020, Official Gazette No. 82, issued on December 30; 2020.