A new wave of regulation: Zimbabwe’s Broadcasting Services Amendment Bill

RUTENDO MANHIMANZI

The recently gazetted Broadcasting Services Amendment Bill marks a significant step in reforming Zimbabwe’s broadcasting landscape. Its primary objective is to rationalize, consolidate, and streamline the legal framework governing broadcasting.

The Bill seeks to align the oversight role of the Broadcasting Authority of Zimbabwe (BAZ) with the national Constitution, the Public Entities and Corporate Governance Act [Chapter 10:31], and internationally recognized best practices.

Notably, the Bill underscores inclusivity, transparency, local content development, and corporate accountability, all of which are commendable aspirations. However, certain provisions raise important concerns around institutional independence and operational autonomy.

Amendment to Section 4 (2)

This section outlines the procedure for appointing the board. The number of board members has been reduced from twelve (12) to seven (7) and also providing for gender balance within the Board of the Broadcasting Authority.

The deliberate effort to ensure gender balance in the board’s composition is a commendable and progressive.

The board must have autonomy, independence, and ability to function effectively as an autonomous entity, in consultation with the Minister.

However, the President retains the prerogative for appointments and can subsequently be interpreted as lack of independence and freedom from state authority or undue influence. Thus, the appointment procedure and board composition must be conducted transparently and publicly.

Amendment to Section 7 (2) Section 7(2) of the principal Act provides for classes of broadcasting services and systems which may be licensed by the Authority. The amendments have been warranted by the evolution and growth in technology, where the classification of broadcasting services should be independent of the platform from where the service is delivered or received. Continuous developments in technology can result in the emanation of new platforms or the evolution of existing platforms to deliver broadcasting services, which will require frequent reviews of the classification. The new classification will have commercial, community and subscription broadcasting services among others.

Amendment to Section 10

Once every year the Authority shall, subject to the availability of band Spectrum, publish a notice in the Gazette and national newspaper inviting applications from services that make use of the spectrum for licences to provide the broadcasting services or systems specified in the notice.  Further amendment to section 10(6) requires that all shortlisted applicants for a licence to provide a broadcasting service that requires allocation of the frequency spectrum attend a public inquiry conducted by the Authority for the purpose of determining his/her or its suitability to be licensed at a time and place to be determined in a written notice to such applicant. Community radio broadcasting services are exempted.

Amendment of Section 11 Section 11(4) and (5) of the principal Act have been amended to ensure that broadcasting service licensees broadcast in all languages spoken in the area they serve to promote the use of officially recognised languages identified in the Constitution.

The amendment in section 11(5) provides that except for broadcasting services emanating from outside the country, a licensee shall make one hour cumulatively per week of its broadcasting time available for the purpose of enabling the Government of the day, at its request or where necessary, to explain its policies to the nation free of charge. Section 11 (4) (b) now requires all licensed broadcasters to air content not less than ten per cent in a mode or manner that may be understood by audiences with hearing impairment. This recognition of people with disabilities is progressive.

Amendment to Section 30 Section 30 on the (Objects of fund) of the principal Act is amended to advance and promote the establishment and sustenance of community broadcasting services. Support for sustaining community radios is a positive progression given the restricted scope of revenue they are currently allowed.

Amendment to Section 38

This new amendment prohibits the Zimbabwe National Road Administration (ZINARA) and every motor insurance company from the sell of a motor insurance cover to persons who do not have ZBC radio licences unless one has a valid exemption certificate from the (ZBC) or unless the vehicle to be insured is not equipped with a radio receiver.

Amendment to the Third Schedule

Amendment of the Third Schedule to the principal Act to bring the provisions applicable to the Authority in tandem with the provisions of the Public Entities Corporate Governance Act. Amongst other changes, including the terms of office of Board members are now limited to 4 from 5 years and board vacancies are to be filled within 3 months instead of 6 months.

Amendment to the Fourth Schedule

Paragraph 9 of the Fourth Schedule to the principal Act has been amended to provide that the appointment of the Chief Executive Officer and other employees of the Authority will be subject to sections 17 to 21 and section 23 of the Public Entities Corporate Governance Act [Chapter 10:31] which specify, among other things, a maximum of 2 fixed-term performance based contracts for the chief executive officer; performance contracts of all other senior staff; the advertising of the post in a newspaper circulating in the area of the entity’s activities; that appointments should be primarily on merit, with due regard to regional and gender representation; the filling of the post of chief executive officer within 6 months of a vacancy occurring; the requirement for disclosures of any conflicts of interest and the declaration of assets by senior staff; that conditions of service of all senior staff should be in line with any model service conditions formulated in terms of the Public Entities Corporate Governance Act, with due regard to qualifications, experience and functions of the entity and restrictions on remuneration of the chief executive officer and other senior staff, including restrictions on the terminal benefits.

Amendment of the Fifth Schedule

Paragraph 10(1) (c) of the Fifth Schedule to the Principal Act makes it mandatory for licensees to ensure that members of the Community that it serves participate in the operations and selection of programmes and membership of its governing body. Amendment of Sixth schedule The amendment is to the effect that a television broadcasting licensee providing a sport channel shall ensure that at least 50% of its programming content consists of local television content and material from Africa.

The thrust is for cultural preservation, as it assists in the promotion of local and regional identity and the development of local sports industries.

The limited availability of high-quality content makes it challenging to fulfill the 50% quota.

Thereby running the risk of reducing viewership. Conclusion While it makes positive strides in areas such as promoting diversity in broadcasting, supporting community radio, and recognising the rights of persons with disabilities. However, it also introduces certain provisions that could possibly undermine the independence and autonomy of the broadcasting sector. Progressive provisions, such as supporting community radio stations, recognition of the various languages in Zimbabwe, incorporating people with disabilities in programming, and recognising gender balance, reflect an advancement to addressing diversity and equity within the sector.

Provisions for the utilization of the Broadcasting Fund to sustain community radio stations operations are commendable as this benefits the communities in which they operate. Further, the introduction of annual calls for licensing applications highlights the intent to create opportunities for innovation and expansion in the broadcasting sphere. To ensure a thriving broadcasting sector, some gaps must be refined by addressing these gaps, safeguarding editorial independence, and fostering an environment of fairness and transparency.However, with the amendment to section 38 has been met with mixed conclusions. Some have raised that it is an unfair burden on the average motorist. Whilst the intention is noble to pay for media services, there are other independent media service providers other than ZBC who must equally benefit.

Most motorists have alluded to the fact that they were not the only people who listen to the radio, even those who own phones can now listen to the radio and must pay accordingly.

Though the Bill has sailed through there still remains much debate in the public spheres and media houses.

Rutendo Manhimanzi is a registered Legal Practitioner  with the law firm, Ruzvidzo Legal Counsel. She can be reached on +263 773 589 263 or email rmanhimanzi@yahoo.com