سلطة ضبط السمعي البصري في ظل القانون رقم 14-04 : 'بين مقتضيات الضبط ومحدودية النص'

The creation of the audiovisual regulatory authority falls under the context of the transformations that Algeria has known since the early 90s until today, and that lead the country to adopt a new method of regulating the different sectors, through independent administrative authorities. In order to evaluate the adequacy of the law n°14-04relating to the audiovisual activity to the requirements of sector’s regulation, there is a need to assess the degree of organic independence, in the light of the fundamental elements which are: a low independence resulting from the subordination to the executive power, at the level of appointment and financial and administrative levels. Regarding the prerogatives obtained, they are very limited and restricted in the field of regulatory authority and the issuing of recommendations and subject to government supervision in the field of control of access to the market, while they are more effective in the field of market control, through sending formal notices and through the arbitration authority and punitive power, without using the licences withdrawal, which remain under the authority of the government.