SECTOR 3

Broadcasting regulation is transparent
and independent; the State
broadcaster is transformed into a truly
public broadcaster.
3.1 Broadcasting legislation has been passed and is implemented that provides for a conducive environment
for public, commercial and community broadcasting.
Article 25 of Ordinance 92-039 of 1992 stipulates that: “The application must be
formulated and presented by a company representative. It must indicate the
purpose and the general characteristics of the company, the technical
characteristics of the show, the forecast operating accounts over five years and
the amount of planned investments. The statutes, the list of managers and the
organisational and capital structure of the Company must accompany it. The High
Audio-visual Council (HCA) must rule within a period of sixty days from the filing of
the application. Failure to reply within this stipulated period, it is assumed that
permission has been given. In case of refusal, the decision of the HCA must be
substantiated. The authorisation shall be published in the Official Gazette of the
Republic. A private audio-visual operator can only hold one license in the same
field of activities and in the same sector of geographical coverage”.
Legislation is thus quite precise, but the department responsible for monitoring
(the HCA) has never been put into place effectively. The Special Audio-visual
Commission (CSCA) substitutes for the HCA, but it is not independent.

On the other hand, no specific law regulating community radio stations exists.
They are sponsored mostly by international NGO’s that allows them access
to equipment and tax rebates.

88

AFRICAN MEDIA BAROMETER MADAGASCAR 2016

Select target paragraph3