SECTOR 3

Broadcasting regulation is transparent
and independent; the state broadcaster
is transformed into a truly public
broadcaster.
3.1 Broadcasting legislation has been passed and is implemented that provides for a conducive environment
for public, commercial and community broadcasting.
Broadcasting legislation exists and has been implemented. However, Ordinance
N°92-039 of 14 September 1992 and its articles 21, 22, 23 and following do
not differentiate between these three categories: public service, commercial,
community. It rather refers to public service broadcasting and private broadcasting
enterprises. Consequently community broadcasting is not part of the list the
Ordinance of 1992 encompasses.
From a quantitative point of view, passing the Order of 1992 on broadcasting has
sparked the establishment of broadcasters in Madagascar in addition to regional
public service broadcasters.
Article 25 of the Order is, indeed, very clear and in favour of the free establishment
of such entities. According to this disposition, a request to establish a broadcaster
must be submitted, consisting of:
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the aim and general purpose of the business,
technical characteristics of programmes,
provisional five-year budget forecast
amount of anticipated investments
all accompanied by information on  the statutes, the list of directors,
the organizational structure as well as share ownership structure.

The Broadcasting regulator (Haut Conseil de l’Audiovisuel, HCA), which receives
applications must issue a response within 60 days; failure to do so means that the
authorisation shall be considered to having been “granted”.
In practise, however, the Ministry does not play by the rules, given that no new
authorisation has been issued since June 2010. The law, consequently, is not
applied.
The economic environment is not an enabling one either, given that broadcasters
pay very heavy taxes. Furthermore, Madagascar does not have financial aid or
state subsidies for media companies.

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AFRICAN MEDIA BAROMETER MADAGASCAR

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