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Broadcasting
Services Act, 2001
April 04, 2001
Contents
FIFTH
SCHEDULE - (Section 11(1)(b))
Standard
Conditions of Licences
1. Definitions
2. Broadcasting
of political matter
3. Broadcasting
of election advertisements
4. Identification
of certain political matter
5. Records
of matter broadcast
6. Advertisements
relating to medicines
7. No
broadcasting of false or misleading news
8. No
broadcasting of commercials containing political matter
9. Additional
conditions of commercial broadcasting licences
10. Additional
conditions of community broadcasting licences
Part
I
Interpretation
1 Definitions
TOP
In this Schedule—
"election"
means an election to Parliament or a local authority or the office of
the President, and includes a referendum;
"election
advertisement" in relation to an election, means—
(a) an advertisement—
(i) that
contains election matter relating to that election; and
(ii) in respect
of the broadcasting of which the relevant licensee has received
or is to receive, directly or indirectly, any money or other consideration;
or
(b) an announcement
containing a statement to the effect that a programme that is to be
or has been broadcast is or was sponsored by a person or persons and
indicating that the person is a candidate, or one or more of the persons
is or are candidates, at the election; or
(c) an announcement
containing a statement to the effect that a programme that is to be
or has been broadcast is or was sponsored by a particular political
party where a candidate at the election belongs to that party;
"election
matter", in relation to an election, means matter of any of the
following kinds—
(a) matter
commenting on, or soliciting votes for, a candidate at the election;
(b) matter
commenting on, or advocating support of, a political party to which
a candidate at the election belongs;
(c) matter
commenting on, stating or indicating any of the matters being submitted
to the electors at the election or any part of the policy of a candidate
at the election or of the political party to which a candidate at
the election belongs;
(d) matter
referring to a meeting held or to be held in connection with the election;
"election
period" in relation to an election for the office of President
or for Parliament, or a referendum, means the period that starts 33
days before the polling day for the election and ends at the close of
the polling day or last polling day, as the case may be;
"medicine"
means a medicine within the meaning of the Medicines and Allied Substances
Control Act [Chapter 15:03]
"person"
includes a political party, whether incorporated or unincorporated;
"political
matter" means any political matter, including the policy launch
of a political party;
"referendum"
means the submission to the electors of a proposed matter or law whether
or not the proposal to make the submission has been announced;
"relevant
period", in relation to an election, means the period that
commences four days before the polling day for the election and ends
at the close of the poll on the last polling day;
"required
particulars", in relation to a political matter that is broadcast,
means—
(a) if the
broadcasting was authorised by a political party—
(i) the name
of the political party; and
(ii) the
town, city or suburb in which the principal office of the political
party is situated; and
(iii) the
name of the natural person responsible for giving effect to the
authorisation;
and
(b) if the
broadcasting of the political matter was authorised by a person other
than a political party—
(i) the name
of the person who authorised the broadcasting of the political matter;
and
(ii) the
town, city or suburb in which the person lives or, if the person
is a corporation or association, in which the principal office of
the person is situated;
and
(c) the name
of every speaker who, either in person or by means of a sound recording
device, delivers an address or makes a statement that forms part of
that matter;
"required
period", in relation to the keeping of a record in relation
to political matter, means—
(a) subject
to paragraph (b), the period of six weeks commencing on the day
on which the matter was broadcast; or
(b) if the
matter relates to an election and was broadcast during the election
period in relation to the election, the period commencing on the day
on which the matter was broadcast and ending—
(i) at the
end of the period referred to in paragraph (a); or
(ii) if that
period ends before the end of the election period in relation to
the election, the day on which that election period ends;
or such longer period
as the Authority, before the end of that period, directs by notice published
in the Gazette to the broadcaster concerned.
Part
II
Conditions
Relating to Political Matters and Medicines
2 Broadcasting
of political matter TOP
(1) If, during
an election period, a broadcaster broadcasts election matter, the broadcaster
shall give reasonable and equal opportunities for the broadcasting of
election matter to all political parties contesting the election.
(2) This paragraph
does not require a broadcaster to broadcast any matter free of charge.
3 Broadcasting
of election advertisements TOP
(1) If an election
is to be held and—
(a) a broadcaster
has a licence that has a licence area; and
(b) the licence
area overlaps, contains or is contained in the area of Zimbabwe to which
the election relates;
the broadcaster shall
not broadcast an election advertisement in relation to the election during
the relevant period.
(2) If an election
is to be held and—
(a) a broadcaster
has a licence that does not have a licence area; and
(b) the broadcasting
service under the licence is normally received in the area of Zimbabwe
to which the election relates;
the broadcaster shall
not broadcast an election advertisement in relation to the election during
the relevant period as part of that service.
4 Identification
of certain political matter TOP
(1) If a broadcaster
broadcasts political matter at the request of another person, the broadcaster
must, immediately afterwards, cause the required particulars in relation
to the matter to be announced in a form approved in writing by the Authority.
(2) A broadcaster
must, in relation to political matter broadcast at the request of another
person, keep a record of the name, address and occupation of the person
or, if the person is a company, the name and the address of the principal
office of the person for the required period and must give to the Authority
any particulars of the record that the Authority, by written notice, requires.
(3) For the purposes
of this paragraph, a person authorises the broadcasting of political matter
only if the person is responsible for approval of the content of the political
matter and the decision to present it for broadcasting.
5 Records
of matter broadcast TOP
(1) If a broadcaster
broadcasts matter relating to a political subject or current affairs,
being matter that is in the form of news, an address, a statement, a commentary
or a discussion, the broadcaster must cause a record of the matter to
be made in a form approved in writing by the Authority.
(2) Subject to
this paragraph, a broadcaster must retain in his or her custody a record
so made for a period of—
(a) six weeks
from the date on which the matter was broadcast; or
(b) if a complaint
has been made about the matter, for 60 days from the date on which the
matter was broadcast;
or for such longer
period as the Authority, in special circumstances, directs in writing.
(3) If a person
considers that a record so made is admissible in evidence in proceedings
instituted, or proposed to be instituted, in a court, being a record that
is held under subparagraph (2), the person may give to the broadcaster
a notice in writing informing the broadcaster that the record may be required
for the purposes of the proceedings.
(4) If such a notice
is given to a broadcaster in respect of a record, the broadcaster must,
subject to this paragraph, retain the record until the proceedings or
the proposed proceedings to which the notice relates have been finally
determined.
(5) If the proceedings
are not instituted within a period of three months after the notice is
given to the broadcaster, subparagraph (4) ceases to apply to the
record at the end of that period.
(6) The obligation
imposed by this paragraph on a broadcaster to retain a record does not
apply at any time when the record is in the custody of a court in connection
with proceedings instituted in the court.
(7) If the Authority
is of the opinion that a matter of which a record has been made under
this paragraph is of sufficient historic interest to justify its being
permanently preserved, the Authority may direct in writing a person who
has custody of the record to deliver it for safe keeping to a person or
Authority specified by the Authority, and the person to whom the direction
is given shall comply with the direction subject to his entitlement to
fair compensation.
(8) A broadcaster
must, without charge, make available to the Authority, upon request, any
specified record made by the broadcaster under subparagraph (2) that
has been retained by the broadcaster (whether or not the broadcaster is,
at the time of the request, under an obligation to retain the record).
6 Advertisements
relating to medicines TOP
(1) In this paragraph
"broadcaster" means—
(a) a commercial
television broadcasting licensee; or
(b) a commercial
radio broadcasting licensee; or
(c) a subscription
television broadcasting licensee.
(2) A broadcaster
must not broadcast an advertisement relating to a medicine unless the
text of the proposed advertisement has been approved—
(a) by the Secretary
for Health and Child Welfare under subparagraph (3); or
(b) by the Minister
on appeal to the Minister under this paragraph.
(3) A person may
apply, in writing, to the Secretary for Health and Child Welfare for approval
of the text of a proposed advertisement relating to a medicine.
(4) If an application
is made, the Secretary for Health and Child Welfare may, in writing, approve
or disapprove the text.
(5) The Secretary
for Health and Child Welfare shall give the applicant written notice of
the approval or disapproval.
(6) If—
(a) an application
is made under subparagraph (2); and
(b) the Secretary
for Health and Child Welfare does not notify the applicant of the Secretary’s
approval or disapproval of the text within 60 days after the day on
which the application was made;
the Secretary is taken
to have approved the text under subparagraph (3) at the end of that
period.
(7) The Secretary
for Health and Child Welfare may, by signed instrument, delegate his or
her power under this paragraph to approve the text of an advertisement
to—:
(a) a government
medical officer; or
(b) the Medicines
Control Authority of Zimbabwe or any other body.
(8) An applicant
may appeal in writing to the Minister from a decision of the Secretary
for Health and Child Welfare under this paragraph, and the Minister must
decide the appeal within a reasonable period.
7 No
broadcasting of false or misleading news TOP
No licensee shall broadcast
any matter that contains any false or misleading news.
8 No
broadcasting of commercials containing political matter TOP
A broadcaster shall
not broadcast a commercial advertisement that contains any political matter.
Part
III
Commercial
Broadcasting Licences
9 Additional
conditions of commercial broadcasting licences TOP
Each commercial television
broadcasting licence is subject to the following conditions—
(a) the articles
of association of the licensee will at all times contain provisions
under which—
(i) a person
is not eligible to continue to be the holder of shares in the licensee
if, because of holding those shares and of any other relevant circumstances,
that or some other person would contravene this Act; and
(ii) the licensee
may secure the disposal of shares held by a person to the extent necessary
to prevent a contravention of this Act continuing or of shares held
by a person who refuses or fails to provide a statutory declaration
referred to in subparagraph (iii) or (iv); and
(iii) a person
who becomes the holder of shares in the licensee is required to provide
to the company a statutory declaration stating whether the shares
are held by the person beneficially and, if not, who has beneficial
interests in the shares and stating whether the person, or any person
who has a beneficial interest in the shares, is in a position to exercise
control of another licence, and giving particulars of any such position;
and
(iv) a person
holding shares in the licensee may be required by the licensee, from
time to time, to provide to the licensee statutory declarations concerning
matters relevant to his or her eligibility to continue to be the holder
of those shares having regard to the provisions of this Act; and
(v) any election
of directors to the board of the licensee is notified to the Authority;
(b) the licensee
will, if the Minister, by notice in the Gazette, so requires,
broadcast, without charge, such items of national interest as are specified
in the notice;
(c) the licensee
will, if the Minister notifies the licensee in writing that an emergency
has arisen which makes it important in the public interest that persons
authorised by the Minister have control over matter for broadcast using
the licensee’s broadcasting facilities, allow those persons access to
and control over those facilities;
(d) the licensee
will not broadcast a programme that has been refused classification,
or has been prohibited under the Censorship and Entertainments Control
Act [Chapter 10:01];
(e) the licensee
will not use the broadcasting service in the commission of an offence
in contravention of any law of Zimbabwe;
(f) the licensee
will commence to provide broadcasting services within six months of
being allocated the licence or within such longer period as is notified
in writing by the Authority;
(g) the licensee
will provide a service that. when considered together with other broadcasting
services available in the licence area of the licence (including another
service operated by the licensee), contributes to the provision of an
adequate and comprehensive range of broadcasting services in that licence
area.
Part
IV
Community
Broadcasting
10 Additional
conditions of community broadcasting licences TOP
(1) Each community
broadcasting licence is in subject to the following conditions—
(a) the licensee
shall not broadcast any political matter;
(b) the licensee
shall continue to represent the community interest that it represented
at the time when the licence was allocated;
(c) the licensee
shall encourage members of the community that it serves to participate
in—
(i) the operations
of the licensee in providing the service; and
(ii) the selection
and provision of programmes under the license;
(iii) the membership
of its governing body.
(2) A community
broadcasting licensee may broadcast sponsorship announcements that run
in total for not more than four minutes in any hour of broadcasting.
(3) A community
television broadcasting licensee may broadcast sponsorship announcements
only during periods before programmes commence, after programmes end or
during natural programme breaks.
(4) In calculating
the length of time dedicated to the broadcasting of sponsorship announcements,
the following shall not be included:
(a) material
that promotes the licensee’s products, services or activities for the
broadcast of which the licensee does not receive any consideration in
cash or in kind;
(b) material
that publicises programmes to be broadcast by the licensee;
(c) community
information or promotional material for broadcast which the licensee
does not receive any consideration in cash or in kind;
(d) sponsorship
announcements consisting of moving text that is overlaid on a test pattern.
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