SECTOR 1

development are enemies of the nation.’ The panel pointed out that this may
imply that those who dare to openly criticise the administration may be subject
to particular repression.
All journalists, whether in the opposition press, the private press or the public
media, have to be cautious about what they say, publish or state in the public
arena. There have been many trials against journalists, such as the “Helicopter
Case” (30 August 2019). This case involved photographs of a helicopter flying
over the Mahamasina Municipal Stadium being published by a journalist from
the Malagasy Broadcasting System (MBS),4 a journalist from 24h Mada online
media and the Antananarivo Urban Municipality’s Facebook page. Following a
complaint filed by the Malagasy Army, this incident became a judicial case and
the journalists were each fined 10 million ariary (US$2,600).5
In this specific case, the court applied the new article 20 of Act No. 2016-031
(which changed certain provisions of Act No. 2014-006 of 17 July 2014 on the
fight against cybercrime),6 which provides:
Any insult or defamation committed (...) against the National Armed Forces
or a State (...) shall be punishable by a fine of 2,000,000 ariary (US$532) to
100,000,000 ariary (US$26,600).
The pressure on social media activists is even greater, due to the aggressiveness
of administrative defenders and some members of the administration who
are omnipresent on social media. Some activists face real threats, while others
have experienced intrusion into their private lives. A slander campaign has also
been conducted. For example, citizens who criticise the government are facing
harsh retaliation from “sympathisers” of the administration which has led to
personal files being released into the public arena. An activist who published the
president’s travel schedule was remanded in custody.
The panel was concerned about whether media houses are willing or able to
protect their journalists when faced with personal attacks. Journalists are often
limited by the editorial line of their organisation or by the willing of press
owners who must navigate according to the political context. Some press lords
are among those who are in power. The panel also deplored the repression of
demonstrators and found the Cybercrime Act to be repressive. One panellist
noted that of its 41 existing articles, 20 are devoted to fines. Another panellist
considers this instrument to be an extension of the Criminal Code.
For the public service, despite efforts to open up the national television and
radio channels to other horizons, particularly to opponents, the control of the
ministry in charge, the Ministry of Communication and Culture (MCC), means
that public service journalists must abide by state guidelines. True fairness and
equality are achieved only during the election period. Indeed, the electoral law

4
5
6

A press group belonging to Marc Ravalomanana, former President of the Republic, who is the main opponent to the
Andry Rajoelina administration.
https://web.facebook.com/24hMada/ (accessed on 31 October 2019)
http//edbm.mg/wp-content/uploads/2017/12/Loi_2014_006_cybercriminalite.pdf (accessed on 5 November 2019)

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AFRICAN MEDIA BAROMETER MADAGASCAR 2019

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