Deputies have postponed examination and decision-making on bill no. 042/2026 relating to combating cybercrime to a later date. Facing strong opposition and alerts about its authoritarian drift, the National Assembly ultimately withdrew the controversial cybercrime bill from examination. This represents significant relief for digital rights advocates. As debate rages on social media and within Malagasy society, the National Assembly officially decided to take the necessary time before examining bill no. 042/2026 on combating cybercrime. This highly sensitive text, which was on the agenda of the second extraordinary parliamentary session, was ultimately withdrawn at the last minute yesterday. The institution's president, Siteny Randrianasoloniaiko, confirmed this before parliamentarians: "At the commission's request, examination and decision-making concerning bill no. 042/2026 relating to cybercrime are postponed to a later date," he stated. This agenda modification was validated by a show of hands vote from deputies present in the chamber.

Authoritarian Measures

This text has sparked considerable confusion and faced outright opposition from a large portion of public opinion. The latest criticism came from Transparency International Initiative Madagascar (TIIM), which dissected the bill's multiple "gray areas" in a scathing report. While TIIM acknowledges undeniable progress, such as enhanced protection for children online, sanctions against sextortion and cyberbullying, and combating digital fraud, the organization points to major authoritarian drifts. Among the most criticized points is article 75, which establishes state surveillance without genuine safeguards. The UPIN (Digital Protection and Investigation Unit) would have direct and permanent technical access to telecommunications operators' and internet service providers' data, while judicial oversight would only occur after the fact, within twenty-four hours. This opens the door to real-time interceptions without prior judicial warrant. Article 53 on expedited censorship also raises concerns. It allows blocking or urgent removal of content deemed "manifestly illegal" on simple police requisition validated by the prosecutor, without trial or quick appeal. Facing threats of massive administrative fines ranging from 100 to 500 million ariary, service providers and hosts will inevitably resort to preventive censorship at the slightest report. The text also threatens correspondence confidentiality and investigative journalism. Article 63 makes it a crime, punishable by one to five years imprisonment, to refuse to provide decryption keys for applications like Signal or WhatsApp, with no exceptions to protect source confidentiality. Finally, article 52 places a sword of Damocles over Facebook page and group administrators, holding them criminally responsible for third-party comments. A provision likely to stifle civic debate through fear of sanctions.

Third Extraordinary Session

Faced with this backlash, the Antenimierampirenena chose wisdom. Of the seven bills on this extraordinary session's agenda, which has concluded, only two were adopted. The five others, deemed too complex and sensitive, were postponed to a later date. A third extraordinary session, preceded by a week's rest, will be convened by the government at Parliament's request. The stated objective is clear: ensure carefully considered, realistic texts that protect the interests of all Malagasy citizens.