"advertising
agent" means a person whose sole or principal business is the
making or placing of commercial advertisements on behalf of others;
"apparatus",
in relation to broadcasting apparatus, means apparatus constructed or
adapted for use in transmitting or receiving broadcasting services;
"applicant"
means an applicant for a licence;
"Authority"
means the Broadcasting Authority of Zimbabwe established by section 3;
"Board"
means the Broadcasting Authority of Zimbabwe Board established by section 4;
"broadcasting
licence" means a broadcasting licence issued in terms of section 10;
"broadcasting
service" means any service which delivers television or radio
programmes to persons having equipment appropriate for receiving that
service, whether the delivery is effected by means of or uses the radiofrequency
spectrum, cable, optical fibre, satellite or any other means or a combination
of those means, and includes any of the services referred to in paragraphs (a)
to (j) of subsection (2) of section 7;
"broadcasting
service bands" means—
(a) that part
of the electromagnetic radiofrequency spectrum which is allocated
to the Authority by the Postal and Telecommunications Authority for
planning and allocation for broadcasting purposes in terms of this
Act; and
(b) designated
to be such by the Minister by notice in the Gazette;
"broadcasting
station" means a radio or television transmitting station used
for the purposes of carrying on a broadcasting service;
"broadcasting
system" includes a signal carrier or radio transmitting station
used for the purpose of transmitting a broadcasting service;
"cable broadcasting
service" means a broadcasting service which transmits programmes
by means of a telecommunication service, other than a radiocommunication
service, as defined in the Postal and Telecommunications Act [Chapter 12:05],
for reception at two or more places, whether simultaneously or at different
times;
"commercial
broadcasting service" means a free-to-air (radio or television)
broadcasting service operated for profit or as part of a profit-making
enterprise which—
(a) is intended
or appears to be intended to appeal to the general public; and
(b) is capable
of being received by commonly available equipment; and
(c) otherwise
complies with any classification criteria that may be applicable to
such a service in terms of subsection (2);
"commercial
radio broadcasting service" means a commercial audio-broadcasting
service;
"commercial
television broadcasting service" means an audio-visual commercial
broadcasting service;
"community
broadcasting service" means a free-to-air (radio or television)
broadcasting service not operated for profit or as part of a profit-making
enterprise which—
(a) provides
programmes—
(i) for community
purposes; and
(ii) is capable
of being received by commonly available equipment; and
(b) does not
broadcast programmes or advertisements on behalf of any political
party; and
(c) otherwise
complies with any classification criteria that may be applicable to
such a service in terms of subsection (2);
"control"
includes control as a result of or by means of trusts, agreements, arrangements,
understandings or practices whether or not having legal or equitable
force and whether or not based on legal or equitable rights;
"Corporation"
means the Posts and Telecommunications Corporation as defined in the
Postal and Telecommunications Act [Chapter 12:05], and includes
any successor company of the Corporation formed in terms of that Act;
"datacasting
service" means an information service that delivers information,
whether in the form of data, text, speeches, images or any other form,
to persons having equipment appropriate for receiving that information,
where the delivery of the service uses the broadcasting service bands;
"diffusion
service" includes the dissemination—
(a) by means
of any conducting medium of the whole or any part of writing, signs,
signals, pictures, impulses or sounds broadcast by a broadcasting
service; or
(b) of music,
speech, pictures or other data for information, education or entertainment
purposes by means of any conducting medium connected to two or more
items of apparatus specifically designed for the reproduction of sound,
pictures or data; or
(c) of teletext
and vertical blanking intervals;
"free-to-air
broadcasting service" means any broadcasting service transmitted
otherwise than by means of an encoded signal;
"International
Telecommunication Constitution" means the International Telecommunication
Constitution and Convention of the International Telecommunication Union
signed in Geneva on the 22nd December, 1992, and the Regulations annexed
thereto, or any other international telecommunication convention or
agreement to which Zimbabwe may be a party and any regulations annexed
thereto;
"licence"
means a broadcasting licence or a signal carrier licence;
"licence
area" bears the meaning assigned to that term in paragraph 1
of the First Schedule;
"licensee"
means a holder of a broadcasting licence or signal carrier licence;
"Minister"
means the Minister of State for Information and Publicity in the President’s
Office or any other Minister to whom the President may, from time to
time, assign the administration of this Act;
"member"
means a member of the Board;
"national
broadcasting service" means a free-to-air community or commercial
broadcasting service whose licence area is the whole of Zimbabwe;
"newspaper"
means a newspaper, journal, periodical or magazine;
"open narrowcasting
service" means a broadcasting service, including a diffusion
service—
(a) which is
not made available to persons on payment of any subscription fee;
and
(b) the reception
of which is limited by reason of—
(i) being
targeted to any special interest group or not being otherwise intended
to appeal to the general public; or
(ii) being
intended only for reception in particular locations, including arenas
or business premises; or
(iii) being
provided during a limited period or to cover a special event; or
is limited for some other reason;
and
(c) otherwise
complies with any classification criteria that may be applicable to
such a service in terms of subsection (2);
"operate",
in relation to—
(a) operating
as a signal carrier, means carry or distribute signals on behalf of
any broadcasting service; and
(b) operating
a signal transmitting station, means install, work, maintain, develop
or hire any apparatus comprising the signal transmitting station;
"political
party or organisation" includes any group or organisation whose
objective is the furtherance of the election of a person or persons
to public office or the removal of a person or persons from such office;
"Postal
and Telecommunications Authority" means the Postal and Telecommunications
Authority established by section 3 of the Postal and Telecommunications
Act [Chapter 12:05];
"public
broadcaster" means the Zimbabwe Broadcasting Corporation referred
to in section 3 of the Zimbabwe Broadcasting Corporation Act [Chapter 12:01]
or any other broadcasting entity established by law which is wholly
owned or controlled by the State;
"railcasting"
means the broadcasting of pre-recorded programmes for reception by passengers
of any railway service;
"broadcasting"
means the broadcasting of pre-recorded programmes for reception by passengers
of any public service vehicle as defined in the Road Traffic Act [Chapter 13:11]
"securities",
in relation to a body corporate, means shares, stock, debentures, bonds
and other securities which entitle the holder of the securities to vote
at meetings of, or exercise any control over, the body corporate;
"signal
carrier" means a signal transmitting station that includes
the apparatus for the transmission of a radio or television broadcasting
service;
"signal
transmitting station" means a radio transmitting station as
defined in the Postal and Telecommunications Act [Chapter 12:05]
or other station which is used for the purpose of transmitting a broadcasting
service;
"subscription
broadcasting service" includes a subscription satellite, subscription
narrowcasting and subscription cable broadcasting service;
"subscription
cable broadcasting service" means a broadcasting service, including
a diffusion service, which—
(a) is made
available to members of the general public on payment of a subscription
fee, whether such payment is periodical or otherwise, and whether
or not such fee is charged on its own or forms part of a fee for multiple
services including the broadcasting service; and
(b) provides
programmes intended, or that appear to be intended, to appeal to the
general public; and
(c) otherwise
complies with any classification criteria that may be applicable to
such a service in terms of subsection (2);
"subscription
narrowcasting service" means a broadcasting service, including
a diffusion service—
(a) which is
made available to persons on payment of a subscription fee, whether
such payment is periodical or otherwise, and whether or not such fee
is charged on its own or forms part of a fee for multiple services
including the narrowcasting service; and
(b) the reception
of which is limited by reason of—
(i) being
targeted to any special interest group or not otherwise intended
to appeal to the general public; or
(ii) being
intended only for reception in particular locations, including arenas
or business premises; or
(iii) being
provided during a limited period or to cover a special event; or
is limited for some other reason;
and
(c) otherwise
complies with any classification criteria that may be applicable to
such a service in terms of subsection (2);
"subscription
satellite broadcasting service" means a broadcasting service
which transmits programmes by satellite, whether by means of encoded
or unencoded signals and—
(a) which is
made available to persons on payment of a subscription fee, whether
such payment is periodical or otherwise, and whether or not such fee
is charged on its own or forms part of a fee for multiple services
including the broadcasting service; and
(b) otherwise
complies with any classification criteria that may be applicable to
such a service in terms of subsection (2);
"webcasting
service" means a computer-mediated broadcasting service.
