The legislation sets out prison sentences and exorbitant fines for journalists committing press offences such as defamation and “false news” – without specifying what this term covers.

Journalists also risk penalties for any publication capable of undermining “the discipline or the morale of the armed forces”, “moral values” or “public confidence in the solidity of the currency”.

The tension between the authorities and the journalists’ movement is such that the confrontation could have taken a nasty turn. A march symbolising the “burial of freedom of expression”, held on 12 July by media professionals and young activists grouped within the movement for freedom of expression, was blocked by the police.

The movement is calling for renewed debate on the text. Its demand is being supported by media chiefs belonging to the multimedia and press news publishers’ organisation GEPIMM (Groupement des Editeurs de Presse d’Information et du Multimédia de Madagascar).

The proposed legislation “pushes journalists to practice self-censorship”, laments Fetra Rakotondrasoa, the movement’s spokesperson, quoting “aberrations” from the 209-article text and denouncing the government’s “coup de force”.

“The government is not promoting debate. It is placing restrictions on the publication of official documents and holding discussions regarding domestic affairs behind closed doors…not to mention excluding private audio-visual media from national coverage and undermining pluralism as a result,” he decries.

The calls for dialogue and the condemnations of the bill are multiplying, in a country ranked 56th in the Reporters Without Borders (RSF) World Press Freedom Index.

At international level, the RSF and the international union of French-language journalists, the UPF (Union Internationale de la Presse Francophone), have published a joint press release denouncing the adoption of a bill that “constitutes a step backwards in terms of democracy and freedom of expression”.

The International Federation of Journalists (IFJ), for its part, considers the communications law to be “scandalous”.

“This text is clearly aimed at muzzling media outlets expressing political opposition, which is incompatible with genuine democracy,” denounces the IFJ.

In the 18 June edition of Les Nouvelles, the newspaper covered the criticism voiced by Omer Kalameu, Human Rights Advisor at the UNDP coordination office in Madagascar. “Whilst the spirit of the 2015 text was centred on freedom and consensus, the text as it now stands is a means of repression,” he comments.

The UN official was making reference to the change in the spirit of the draft law drawn up with the support of the UNDP, in relation to the bill approved by the Council of Ministers and adopted during an extraordinary session of parliament.

For the government, the bill represents a legal framework for governing the communications sector. “Exercising the freedom to inform cannot be dissociated from the journalist’s obligations, the first of which is to respond to the citizen’s right to accurate and impartial information,” affirms the exposition of the law’s object and purpose.

Vonison Andrianjato Razafindambo, minister of communications and relations with institutions, highlights that a step forward has been achieved with the proposed legislation, that is, the abolition of prison sentences for press offences, and insists on the inclusiveness of the drafting process.

The executive is suggesting that the demands are politically motivated. Speaking on public radio, President Hery Rajaonarimampianina referred to the “presence of political figures” among the leaders of the protest movement.

The head of state nonetheless claims he is not closing the door to dialogue “if it is required”, as the text now has to pass the constitutionality test.

The freedom of expression movement’s appeal for a review of the bill, allowed under the constitution, could, perhaps, open the door to fresh discussions.

This article has been translated from French.