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: • • • • • 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. 92 AFRICAN MEDIA BAROMETER MADAGASCAR