SECTOR 1

Freedom of expression, including
freedom of the media, is effectively
protected and promoted.
1.1 Freedom of expression, including freedom of the
media, is guaranteed in the constitution and supported by other pieces of legislation.
As a result of the November 2010 referendum, which extends the provisions of
the previous Constitution on freedom of expression, freedom of expression is
guaranteed.
Article 10 of the Constitution indeed stipulates that “Freedom of opinion and
expression, of communication, of the press, of association, of assembly, of
movement, of conscience and religion is guaranteed for all and can only be
limited by the respect of the liberties and rights of others, and the imperative of
safe-keeping public order, national dignity and the security of the State.”
Article 11 goes even further by indicating: “every individual has the right to
information.” It furthermore specifies that: “information in all its forms is not
to be submitted to any prior restraint, except in cases pertaining to public order
and morality. Freedom of information, in whatever medium, is a right. Exercising
this right entails duties and responsibilities and is subject to certain formalities,
conditions or sanctions foreseen by the law, which constitute necessary measures
in a democratic society.” Lastly, paragraph 11 clearly specifies that: “Any type of
censorship is prohibited.”
Furthermore, Madagascar has ratified the African Charter for Human and Peoples’
Rights, which in its paragraph 9 defines freedom of expression in these terms:
1. “Every individual shall have the right to receive information.
2. Every individual shall have the right to express and disseminate his opinions
within the law.”
Freedom of expression is also protected by the law through the dispositions of
Law N°90-031 of 21 October 1990 on communication, which through articles 1
and 2 respectively, stipulate that: “The law guarantees the freedom of expression
and of the press in accordance with the Constitution,” and that “everybody has
the right to express their opinions and ideas through the press by whichever
medium.”

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AFRICAN MEDIA BAROMETER MADAGASCAR

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