SECTOR 1 Freedom of expression, including freedom of the media, are effectively protected and promoted. 1.1 Freedom of expression, including freedom of the media, is guaranteed in the constitution and supported by other pieces of legislation. Politically, Madagascar has been in a ‘state of emergency’ for the past two years. Since the start of the transitional regime in March 2009 developments are largely happening in a legal vacuum. The Constitution has not been officially suspended, and several pieces of legislation and decrees make reference to it, but in fact it is not applied systematically. As it stands, the Constitution guarantees freedom of expression and freedom of information, which includes that of the media. According to Article 10, “Freedom of opinion and expression ... are guaranteed for all and can only be limited by the observance of the rights and freedom of others and the need to safeguard public order”. Article 11 says: “Every individual has the right to information. Information under all of its forms shall not be subject to any prior constraint. The law and professional conduct will determine the conditions under which this freedom shall be exercised and the responsibilities involved”. The practice of the journalistic profession is supposed to be governed by the Communications Code. However, this code, which was first drafted in 1997, has been revised and modified by successive governments and is yet to be enacted. Efforts have been made by the current Ministry of Communications to speed up the enactment of the Communications Code. These efforts, though, have been isolated and not supported by the entire government. In general, virtually no government in Madagascar has actively defended the freedom of the press. In the absence of a Communications Code, Ordinance 92-039 on broadcasting, dated 14 September 1992, serves as the guarantor of media freedom and a guideline for practising the journalistic trade. Reaffirming the respective articles of the Constitution, Article 2 of the ordinance states that “The State guarantees the freedom of expression and opinion through audiovisual broadcasting means”. Many of these legal instruments, however, which should ensure freedom of expression and of the media in theory and practice, are too vague and leave too much room for interpretation. There is no clear distinction between actions 74 AFRICAN MEDIA BAROMETER MADAGASCAR 2010