African Media Barometer Madagascar 2019 Summary Freedom of expression and freedom of the media are guaranteed in Madagascar through several pieces of legislation. The Malagasy Constitution, voted in November 2010, guarantees freedom of expression and the right to information. The law establishing the Media Communication Code, enforced since 14 July 2016, promotes freedom of expression and guarantees freedom of the press, however certain provisions within this law are repressive and were denounced by the media and civil society during the consultation process. Madagascar held general elections in 2018-2019. At the time of this AMB, the new administration and the new majority in parliament were undertaking a review of the media legislation. While these laws are being reviewed, citizens and journalists exercise their rights with apprehension and caution, and a decline in freedom of the press and expression has been noticed. Those who dare to openly criticise the government may be subject to retaliation in their private or professional lives in the form of threats of dismissal, relocation or legal proceedings. Journalists, whether from the opposition, private or public media, are careful about what they say, publish or express in the public arena, namely through their respective media houses. Arrests and lawsuits against journalists have been carried out in recent years. The Law on Cybercrime and the Media Communication Code have been amended in response to the demands of media practitioners. However, these amendments bring additional limitations, as fines have increased and articles restricting image rights have been added. A sword of Damocles is hanging over the heads of social media users. Publishing satirical or parodic images can result in exorbitant fines. Even if the laws are not thoroughly repressive, the danger lies in their application and interpretation, especially when the judge is not independent. Madagascar has ratified and domesticated most of the regional and international instruments on freedom of expression and press freedom, but does not necessarily enforce them. No prior authorisation is required to set up print media outlets: all that is needed is a mandatory declaration to the Public Prosecutor. The same applies to professional websites and online media that employ journalists. Sources of information for journalists and media professionals are protected by the Communication Code, but in practice journalists have been forced to reveal their sources under pressure from the judge. There is no specific law on access to information which makes it difficult for journalists to access public information. The Malagasy Charter on Access to Information and Knowledge Sharing is a non-binding text that has been implemented by the Committee for the Safeguarding of Integrity (CSI). 6 AFRICAN MEDIA BAROMETER MADAGASCAR 2019