SECTOR 1

requires that both private and public media allow competing candidates from all
political groups to voice their opinions in a fair and transparent way.
From the publication of the official list of candidates, lists of candidates or
options, until the opening of the official electoral campaign, the National
Authority for Media Communication (ANRCM) guarantees the right of access to
all public and private radio and television broadcasting services for all candidates,
lists of candidates or options and their supporters, while respecting the principle
of the pluralist nature of the expression of political thoughts and opinions (…).7

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:

✓✓

✓✓✓✓✓✓✓✓

✓

✓

1.3
2006: 2.4; 2008: 2.3; 2010: 2.5; 2012: 2.8; 2016: 2

1.3 There are no laws or parts of laws restricting
freedom of expression such as excessive official
secret, libel acts, legal requirements that restrict
the entry into the journalistic profession or laws
that unreasonably interfere with the functions of
the media
The amendment of article 20 of the Cybercrime Act8 removed prison sentences
for press offences. The draft law also amended certain provisions of the
Communication Code at the request of media professionals, but added some
restrictions. For example, the fine limits have been increased and laws on image
rights have been added. This new law stipulates that the subject of a photograph
has the right to sue the photographer. Publishing satirical and parodic images
can result in fines ranging from 3,000,000 ariary (US$815) to 6,000,000 ariary
(US$1,630).
The preliminary draft law amended certain provisions of the Communication
Code and was adopted by the Council of Ministers.9 Although this law is not
7

8
9

https://www.ceni-madagascar.mg/wp-content/uploads/2016/05/Loi-organique-n%C2%B0-2018-008-relative-aur%C3%A9gime-g%C3%A9n%C3%A9ral-des-%C3%A9lections-et-des-r%C3%A9f%C3%A9rendums.pdf:
article
110, 111, 112 and 113. (accessed on 4 November 2019)
Article 20 Law on Cybercrime
2 October 2019

13

AFRICAN MEDIA BAROMETER MADAGASCAR 2019

Select target paragraph3