SECTOR 1

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:

2.8 (2006 = 4.9, 2008 = 2.9, 2010 = 4.9)

1.7 Confidential sources of information are protected
by law and/or the courts.
According to article 63 of Law 90-031 “a journalist has to respect the confidence
and trust of a person who has shared confidential information and is bound to
secrecy.”
Professional confidentiality is a right as much as a duty for journalists guided by
the provisions of this law. However, journalists can be asked to reveal their sources
by judicial authorities in the following instances, specified by article 63:
- matters pertaining to national defence
- strategic economic secrets
- national security, on the one hand and when information pertains
to children and youth or the secret of an enquiry and of a judicial
investigation, on the other hand.
In reality, however, journalists have to face attempts aiming at challenging the
confidentiality of their sources.
Le Courrier de Madagascar experienced this in September 2011 after the
newspaper had published documents on the arrest of the former President Marc
Ravalomana, based on reliable sources. Policemen had requested the newspaper
to disclose its sources, without success.
The prosecutor himself had suggested that “admissions” may be made in
the privacy of his office but was met with the journalists’ refusal, holding up
the provisions of the Charter of Munich of 1971. They instead suggested the
authorities make use of their right of reply if they so wished.

74

AFRICAN MEDIA BAROMETER MADAGASCAR

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