SECTOR 1 1.12 Media legislation evolves from meaningful consultations among state institutions, citizens and interest groups. This indicator highlights one of the biggest flaws of the framework within which the national media operate: a legal vacuum and the non-implementation of legal provisions already in place. This applies to the Communications Code, which is struggling to see the light of day, and Ordinance 92-039 on broadcasting, whose provisions are not fully implemented. In addition, Ordinance 92-039 was not the result of a participatory and inclusive process. In 2003 an effort at joint consultation among journalists, media owners and government officials was undertaken. The idea was to come up with an inclusive approach to draft legislation for a future Communications Code. However, the attempt came to nothing and successive governments have drafted their own instruments unilaterally. This attitude is always adopted by the state, be it with regard to media or to legislation on political parties. As a result, the Communications Code has still not been enacted. Scores: Individual scores: * 1 Country does not meet indicator 2 Country meets only a few aspects of indicator 3 Country meets some aspects of indicator 4 Country meets most aspects of indicator. 5 Country meets all aspects of the indicator Average score: 2.3 (2006 = n/a; 2008 = n/a) Average score for sector 1: 3.5 * (2006 = 2.5; 2008 = 2.5) For 2009 the indicators were reviewed, amended and some new indicators such as those addressing Information Communication Technology (ICT) were added. Consequently, the comparison of some indicators of the 2005 and 2007 report is not applicable (n/a) in some instances in which the indicator is new or has been amended. Evidently, this has to be taken into account too, when the overall sector scores are compared. AFRICAN MEDIA BAROMETER MADAGASCAR 2010 85