Who will risk producing a film in Algeria after the People's National Assembly passed a draft law on the film industry on Monday, March 4? For the first time since independence, the bill, approved by the Council of Ministers on December 10, 2023, provides for prison sentences for film professionals who fail to comply with some conditions.

One to three years imprisonment will be the penalty risked by "anyone who engages in or finances the production, shooting, distribution or exploitation of cinematographic films contrary (...) to national values and constants, the Islamic religion and other religions, national sovereignty, national unity, the unity of the national territory and the supreme interests of the nation, the principles of the Revolution of November 1, 1954, the dignity of persons" or who incites "discrimination and hate speech." Of the 40 amendments proposed by MPs, none challenged this measure.

The 1967 law, passed when Algeria was under a single-party regime and film production was largely under the control of a public board, provided only for fines and professional bans in the event of infringement. The same goes for the 2011 law, passed by then minister of culture Khalida Toumi. A leading figure of women's rights and democracy, she had, on the other hand, banned "the financing, production, and exhibition of any film production that offends religions or the war of national liberation (...) glorifies colonialism or undermines public order or national unity."

For the first time, the production of films relating to the "war of national liberation" was subject to prior authorization. "The control of any cinematographic product is an absolute right of the government," the minister replied to MPs concerned by this restriction of freedom. Penalties could range from 500,000 to 1 million dinars (€3,400 to €6,800) for an unauthorized film about the War of Independence.

The new law extends the list of topics subject to official control. In addition to films dealing with the War of Independence, those relating to "religious themes, political events, national personalities and symbols of the State are subject to the advisory opinion of the institutions concerned." "Additional bureaucracy for us and the fear, even humiliation, of having a script rejected by officials who have no relevant expertise," complained an Algerian producer, speaking on condition of anonymity.

Initially proposed to the Council of Ministers in February 2023, the bill was sent back to the ministry of culture "for enrichment." The presidency of the Republic had also sought the opinion of industry professionals at a national conference held in April, prompting optimism among them. Unfortunately, the text approved on Monday didn't change much. The only real improvement is that the penalty of two to three years' imprisonment envisaged for those who fail to reimburse public subsidies within 24 months, without justification, has been converted to a fine.

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