The Right Of Criticizing Through The Media And Principles Of Practices In Light Of Algerian And International Legislation

Abstract

 This study explains the right of criticizing through the media, which has been permitted by the international conventions((Universal Declaration of Human Rights, European Convention on Human Rights, International Covenant on Civil and Political Rights, International Convention on the Elimination of All Forms of Racial Discrimination, United Nations Resolutions), that guarantee freedom of the press and expression because they consider it as human right. This study also aims at exploring the attitude of the Algerian legislator towards the right to criticize through the media. It also explains the limits set by the legislator in the constitution, media law 12-05 and penal code 66-155. The study concluded that the media law and the penal code in Algeria do not consider criticism as one of the reasons for legalizing defamation. Contrary to what the French legislator went to in the media law, and some Arab legislation followed in his approach to legalizing defamation against the public employee. If the elements of the crime are available defamation or insulting in the criticism process through the media, the critic is punished according to the law which constitutes a violation of the freedom of the media.