SECTOR 1

Ordinance N°92-039 of 14 September 1992 on communication extends specifically
to the guarantee of freedom of broadcasting in its article 2, which establishes
that: “the State guarantees the freedom of expression of opinions by means of
broadcasting.” Article 3 adds that: “All individuals or entities have the right to
express an opinion and to disseminate information by means of broadcasting.”
In the same vein the legislation that is currently being drawn up concerning the
Communication Code aims to be more precise regarding the media. It strives
towards the decriminalisation of breaches of the press.
Meanwhile, the freedom of expression in the sense of the right to voice one’s
opinions in the street is not explicitly covered. It falls under provisions of Ordinance
N°60-082 pertaining to public meetings and demonstrations, and Ordinance
N°60-104 pertaining to the gatherings that subject these kinds of freedoms to the
preliminary authorisation by mayors and prefects and hence to potential abuse.
The total freedom regarding ICT (Information and Communication Technologies)
is considered as a sign of freedom of expression, especially on Facebook and other
social networks.

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:

4.6 (2006= 3.0 ; 2008 = 3.5, 2010 = 4.0)

1.2 The right to freedom of expression is practised and
citizens, including journalists, are asserting their rights
without fear.
Freedom of expression is practiced in the sense that the press covers all subjects
and citizens also express themselves very openly on radio and in the newspapers
in the pages dedicated to letters to the editor.
Furthermore, civil society, such as for example SeFaFi or Sehatra Fanarahamaso ny Fiainam-pirenena (Observatory of Public Life), freely exercises its right

AFRICAN MEDIA BAROMETER MADAGASCAR

69

Select target paragraph3