SECTOR 1 1.1 Freedom of expression, including the freedom of the media, is guaranteed by the constitution and supported by other pieces of legislation Freedom of expression and freedom of the media are guaranteed in Madagascar through several pieces of legislation. In the constitution, passed in November 2010, freedom of expression is guaranteed in article 10, which states: The freedoms of opinion and of expression, of communication, of the press, of association, of assembly, of circulation, of conscience and of religion are guaranteed to all and may only be limited by the respect for the freedoms and rights of others, and by the imperative of safeguarding the public order, the national dignity and the security of the State. The penultimate laws governing media communication date back to the 1990s, in particular Law No. 90-031 of 21 October 1990 on communication, and Ordinance No. 92-039 of 14 September 1992 on broadcast communication. More recently, on 14 July 2016, Madagascar passed Law No. 2016-029 on the Media Communication Code3 which promotes freedom of expression but sets some limits, particularly on image rights issues and on the maximum fines allowed. 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: Score of previous years: ✓✓ ✓✓ ✓ ✓ ✓ ✓✓ ✓✓ ✓ 4.3 2006: 3; 2008: 3.5; 2010: 4; 2012: 4.6; 2016: 3.7 1.2 The right to freedom of expression is practised and the citizens, including journalists, are asserting their rights without fear The panel stressed that although the existing legislation guarantees the practice of freedom of expression, clauses within the Communication Code effectively limit this freedom. Panellists expressed concern about the noticeable decline of the right to freedom of expression. Citizens and journalists practise their rights with apprehension and caution. On 20 October 2019, the President of the Republic spoke openly at a public event in Antsirabe, the country’s third largest city, saying, ‘Those who refuse progress, those who hinder our progress and those who are opposed to 11 AFRICAN MEDIA BAROMETER MADAGASCAR 2019