الأخبار و الشائعات الواقعة على الأمن العام بين التجريم و حق الإعلام و التعبير : دراسة مقارنة بين الشريعة الإسلامية و القانون الجزائري

الملخص EN

Recently, much controversy arose, mainly among media professionals, on the occasion of the issuance of Law No.

20-06, amending and supplementing the Penal Code, which criminalizes news affecting public order and security.

The enactment of this law has been addressed extensively in different media on the ground that the recent amendments contradict international standards of freedom of expression, especially the Article 19 of the International Covenant on Civil and Political rights which has been ratified by Algeria in 1989 Thus, this study came to highlight and clarify the limits of criminalization and the right to information and expression, from the perspective of Islamic law compared with what was stated in the Algerian law, by using the inductive and analytical comparative approach.

The most obvious findings to emerge from this study are that: both of legal commentators and Islamic jurists agree that the diffuser of news must be committed to honesty, integrity and objectivity, that spreading the news should be important and beneficial to the society, and that the diffuser should be of good faith.