SECTOR 1

Freedom of expression, including
freedom of the media, is 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.
Article 10 of the Constitution of the Republic of Madagascar, that was written
in 1960 and amended in November 2010, guarantees the freedom of
expression. In fact, this clause states that: “The freedoms of opinion and
expression, communication; press, association, assembly, movement,
conscience and religion is guaranteed to all and may not be limited other than
for reasons of the respect of the freedom and rights of others, the necessities
imposed by public safety, national dignity and State security”.
The African Charter of the Rights of Man and Nations (sic), as ratified by
Madagascar, reinforces the right to the freedom of expression, due to the fact
that article 9 thereof stipulates that every person has “the right to information”
and “to express and spread his/her opinions within the limits of the laws and
regulations”.
Two further Malagasy laws protect the freedom of expression: Law 90-031 of
the 21st of December 1990, dealing with communication and Ordinance 92039 of the 14th of September 1992 on audio-visual communication. On the
other hand, the recent law 2014-006 on the fight against cybercrime is
considered an obstacle to the freedom of expression.
A Communication Code is currently being drawn up and its first draft should
appear by May 2016.

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AFRICAN MEDIA BAROMETER MADAGASCAR 2016

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