SECTOR 1

1.8 Websites, blogs and other digital platforms are
not required to register with, or obtain permission,
from state authorities.
To date no means exist to register blogs or websites. In the case of websites,
Malagasy law take into account the host nation and not the nationality of the
author. In this way, many Malagasy websites are hosted abroad and thus do
not fall under Malagasy jurisdiction. The law on cybercrime makes no
mention of the procedure regarding the creation of a website.
The Communication Code currently being developed is expected to fill this
legal vacuum.

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:

4.7 (2012 = 4.8, 2010 = 4.9, 2008 = n/a,
2006 = n/a)

1.9 The state does not seek to block or filter Internet
content unless in accordance with laws that provide
for restrictions that serve a legitimate interest and
are necessary in a democratic society, and which are
ap-plied by independent courts.
The State seeks to neither block nor filter Internet content. On the other hand,
precautions have been made regarding the use of telecommunications networks.
Article 34 of the Law 2014-006 which governs cybercrime stipulates that:
“operators that exploit a telecommunications network open to the public or, that
provide telecommunication services to the public are required to implement
technical measures with the aim to prohibit, with the exception of emergency
numbers, access to networks or their communication services provided through
mobile devices, which have been identified and declared as stolen. These devices

AFRICAN MEDIA BAROMETER MADAGASCAR 2016

71

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