BROADCASTING SERVICES AMENDMENT BILL [H. B. 10, 24]
THE MINISTER OF INFORMATION, PUBLICITY AND BROADCASTING SERVICES (HON. DR. MUSWERE): Thank you, Madam Speaker, I rise to give the second reading speech on the Broadcasting Services Amendment Bill [H. B. 10, 24]. As the Ministry of Information, Publicity and Broadcasting Services, we are cognisant of the need to amend the Broadcasting Services Act [Chapter 12.06]. The objective of the Broadcasting Services Amendment Bill of 2024, is to align the Broadcasting Services Act [Chapter 12:06] with the Constitution of Zimbabwe and also with the public entities and Corporate Governance Act [Chapter 10: 31]. The Act was last amended in 2007 and certain Sections of the Act have become inconsistent with the new Constitution, something which has necessitated the current alignment process. Technology has also evolved rapidly over the years pointing to the need for the broadcasting laws to be aligned with other pieces of legislation.
Madam Speaker, the Broadcasting Service Amendment Bill contains 23 Clauses which include Clause 1 which is the short title of the Bill and the following additional provisions.
Clause 2 introduced additional definitions for new classes of broadcasting services introduced in Section 7 to make sure that all classes of licences are covered.
Clause 3 amends Section 2A of the Principle Act to provide the role of the Broadcasting Authority of Zimbabwe is to regulate and manage the broadcasting service bands for sustenance rather than to control broadcasting services bands. The intention is to move away from the perception that the legislation is intended to stifle the freedom guaranteed in terms of the constitution in terms of Section 61 and instead to focus on necessary regulation of the airwaves. This is also in line with current international trends as contained in some international instruments among them the African Charter on Broadcasting. The African Charter on Human and People’s Rights and International Convent on Civil and Political Rights. Madam Speaker,
Clause 4 amends Section 4 of the Principle Act by reducing the number of board members from 12 to 7 and also providing for gender balance within the board of the Broadcasting Authority of Zimbabwe to ensure that the number of board members is commensurate with the size of the institution and in line with other boards such as the POTRAZ Board of directors.
Clause 5 amends Section 7:2 of the principal act which provides for the classes of the broadcasting services and systems which may be licensed by the authority as follows:
(a) public broadcasting services
(b) commercial broadcasting services
(c) community broadcasting services
(d) subscription broadcasting service
(e) subscription management service
(f) an open narrow casting service
(g) satellite system
(h) data casting service
(i) internet based broadcasting.
The amendments have been necessitated by the developments in technology, where classification of broadcasting services should be independent in terms of platform from where the services delivered or received as developments in technology result in new platforms emerging or existing platforms evolving to deliver broadcasting services, which will require frequency reviews to the classification.
Clause 6 Section on foreign ownership is no longer being amended. Sections 8 and 22 to remain as they are, no person other than the citizen of Zimbabwe shall be the director in terms of licencing framework.
Clause 7 amends Section 10 of the principal Act mainly to introduce predictability in the application form for granting or refusal of licences. The amendment to Section 10 will allow licences that will make use of the broadcasting frequency spectrum to be applied for once a year. Amendments to sub-section 6 are to ensure that only services that make use of the band spectrum a national public resources go through public enquiry expect for community radios which are supposed to be owned by the community.
Clause 8 amends Section 11 (4) for the principal Act by ensuring that broadcasting service broadcasts in all languages spoken in the area they serve to promote the use of the officially recognised languages in terms of the Constitution of Zimbabwe. This requirement will exclude services emanating from outside the country and community radio stations. The amendment in Section 11 (5) is to exempt licences whose services emanating from outside the county from the requirement of allocating to the Government an hour weekly to explain Government policies free of charge to the nation as a requirement is impractical.
Clause 9 amends Section 12 to align to the section amendments that have been effected in Section 7 (2) with respect to the validity period of the licences. A licence for the broadcasting service specified in paragraph (a) to (c) is valid for a period of 10 years. A licence for broadcasting service specified in paragraph (f) to (i) is valid for a period of three years.
Clause 10 amends Section 18 in order to allow for the transfer of the licences subject to the approval by the Broadcasting Authority of Zimbabwe.
Clause 11 on foreign ownership in 22 is no longer being amended.
Clause 12 amends Section 30 of the principal Act. Section 30 of the Act provides for the utilisation of the broadcasting fund for objects stipulated in that section in view of the non- profit-making nature of community radios. The amendment seeks to allow the authority to utilise the fund to also support the sustenance of community radios among others.
Clause 13 amends Section 37 by repealing subsection 2 and replacing it with a new subsection 2, which mandates the authority to issue public broadcasting licences in consultation with the minister. This gives the minister an oversight role to remain in the issuing process.
Clause 14 amends Section 38A by broadening the definition of dealer in an effort to enhance our clients and to boost revenue collection for ZBC. Madam Speaker,
Clause 15 amends Section 38 B by inserting a new provision which provides that the Zimbabwe National Roads Administration (ZINARA) and every motor insurance company shall only issue a motor vehicle licence and motor insurance policy respectively to individuals who either hold a current radio licence issued by the Zimbabwe Broadcasting Corporation or a valid exemption certificate from ZBC unless the vehicle to be insured is not equipped with a radio receiver provided the licence applicant shall sign a declaration as specified in the 8th schedule.
Clause 16 amends Section 39 by deleting subsection 5 and replacing with a new subsection 5 which requires every subscription broadcasting service licence and subscription management service licence to transmit up to three channels of the public broadcasting.
Clause 17 amends Section 46 by adding new regulatory powers of the board to include areas currently omitted in the authority’s regulatory function.Areas added are on migration issues due to changes in technology, powers to introduce mandatory violation penalties to licences for non- compliance with the terms and conditions of licences, commissioning of independently produced content by broadcasters, language quarters within a licenced area in order to ensure that officially recognised languages find expression on broadcasting platforms.
Clause 18 amends various paragraphs of the third schedule to the principal Act to bring the provisions applicable to the authority in line with the provisions of the Public Entity and Corporate Governance Act. Among other changes, terms of office of board members are now limited to four instead of five years and vacancies on the board have to be filled within three months instead of six months.
Clause 19 amends paragraph 9 of the fourth schedule to the Principal Act to provide that the appointment of the Chief Executive Officer and other employees of the authority will be subject to Section 17 to 21 and Section 23 of the Public entities and Corporate Governance Act [Chapter 10.31] which specify among other things, a maximum of a two fixed terms performance based contract for the Chief Executive Officer, each term not exceeding five years. Performance contracts of all senior staff, the advertising of the posts 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 the Chief Executive Officer within six months of the vacancy occurring. The requirement for disclosures of any conflicts of interest and declaration of assets by senior staff and that conditions of service of all senior staff should be in line with any model service conditions formulated in terms of the Public Entities and Corporate Governance Act, with due regards to qualifications, experience and functions of the entity and restrictions on remuneration for the CEO and other senior staff, including restrictions on terminal benefits.
Clause 20 – deletes paragraph 9 (1) of the Fifth Schedule which requires that a licensee commences providing broadcasting services within six months of being allocated a license. It also amends paragraph 10 (1)(c) of the Fifth Schedule to the Principal Act to make it mandatory for licenses to ensure that members of the community that it serves participate in the operations and selection of programmes and membership of its governing body. The amendment is on deletion of the word encourage and replace it with ensure. This will ensure community participation in this class of license.
Clause 21 amends the Sixth Schedule to the Principle Act by deleting paragraph 2(2) and substituting it with a new Section 2(2), which provides that a license with a sports channel shall broadcast 50% local content in view of the fact that sporting events are universal and international sports may bring commercial value to licences. Amendments to paragraph 2(2) are to provide that a public broadcaster providing multiple channels shall broadcast 75% local content on all channels to ensure that they reflect the identity of the nation. Services emanating from outside the country will be excluded from this local content quota requirement.
Clause 22 is a transitional provision with respect to the term of office of current senior officers. The terms of office for officers will be subject to the limits introduced by this Bill and will therefore be reckoned from the dates of appointment.
Clause 23 inserts a new schedule which contains a declaration to be signed by those who opt not to equip their cars with radios. I therefore submit and urge you Hon. Members to support and pass this Bill. I move that the Bill be read a second time.
