جريمة التشهير بالحياة الخاصة للأشخاص عبر الوسائط الرقمية في التشريع الجزائري

Abstract

This dissertation addresses the crime of digital defamation against individuals’ private life, as one of the emerging offenses resulting from rapid technological advancement and the widespread use of the internet and social media.The aim is to assess how effectively the Algerian legislator protects personal privacy against such violations by examining relevant legal texts, particularly the Penal Code and Law 09-04 on cybercrime. The study explores the constitutive elements of electronic defamation, as well as the main legal and technical challenges related to evidence and investigation in this digital context. It also analyzes selected national judicial decisions to understand how laws are applied in practice. The research concludes that, despite the legislator’s efforts, current legal provisions still lack clarity and comprehensive protection. Therefore, it recommends legislative reform aligned with digital developments and the reinforcement of technical and human resources in the justice sector, in order to ensure a balance between freedom of expression and the right to privacy in cyberspace.