SECTOR 1 expressly limiting, its application and assessment may lead to the restriction of expression. For instance, the notion of breach to state security is completely at the discretion of the judge. This constitutes a real threat if the judge is not independent. The new article 20 states: The right to an image is the right for any person to oppose both the capture of his/her image and properties, and the dissemination thereof, without his/ her prior and express consent. (...) In the event of invasion of privacy and violation of image rights, the judge hearing the case, without prejudice to the application of the legislation governing civil procedure and regardless of the criminal sanctions provided for herein, may order: • Seizure, sequestration, removal of contentious passages, publication of an insert, and penalty payment; • Sentencing the infringer to pay damages, whether it is a television channel, a press magazine, a photographer or a stranger; • The removal of illegal content, in particular videos, photographs, or any other media that may abuse the person’s rights; • The restitution of any original photographs; • The prohibition of the redistribution of contentious content; • The publication or insertion of the court decision in the press. (…) The following are considered as an invasion of privacy: disclosure of anyone’s privacy: (...) The publication, by any means whatsoever, of a montage made with the words or image of a person, without his consent, if it does not appear obvious that it is a montage (…) 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: 14 AFRICAN MEDIA BAROMETER MADAGASCAR 2019 ✓ ✓✓ ✓ ✓✓✓ ✓ ✓ ✓✓ 1.7 2006: n/a; 2008: n/a; 2010: n/a; 2012: n/a; 2016: 2.8 ✓