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Broadcasting
Services Act, 2001
April 04, 2001
Contents
PART
II
Broadcasting Authority of
Zimbabwe
3. Establishment
and functions of Broadcasting Authority of Zimbabwe
4. Appointment
and composition of Broadcasting Authority of Zimbabwe Board
5. Financial
and miscellaneous provisions relating to Authority
3 Establishment
and functions of Broadcasting Authority of Zimbabwe TOP
(1) For the purposes
of this Act, there is hereby established an authority, to be known as
the Broadcasting Authority of Zimbabwe, which shall be a body corporate
capable of suing and being sued in its corporate name and, subject to
this Act, of performing all acts that bodies corporate may by law perform.
(2) Subject to
this Act, the powers and functions of the Authority shall be—
(a) to plan and
advise on the allocation and distribution of the available frequency
spectrum, for which purpose it shall have regard to the provisions for
the planning of the broadcasting service bands contained in the First
Schedule;
(b) to advise
the Minister on the adoption and establishment of standards and codes
relating to equipment attached to broadcasting systems;
(c) to receive,
evaluate and consider applications for the issue of any broadcasting
licence or signal carrier licence for the purpose of advising the Minister
on whether or not he should grant the licence;
(d) to monitor
tariffs charged by broadcasting licensees with a view to eliminating
unfair business practices among such licensees and to protect the interests
of consumers;
(e) to advise
the Minister on ways of improving and promoting a regulatory environment
that will facilitate the development of a broadcasting industry in Zimbabwe
that is efficient, competitive and responsive to audience needs and
the national interest;
(f) to encourage
diversity in the control of broadcasting services;
(g) to ensure
that Zimbabweans have effective control of broadcasting services or
systems;
(h) to ensure
the role of broadcasting services and systems in developing and reflecting
a sense of Zimbabwean identity, character and cultural diversity;
(i) to promote
the provision of high quality and innovative programming by providers
of broadcasting services;
(j) to encourage
providers of commercial and community broadcasting services and systems
to be responsive to the need for a fair and accurate coverage of matters
of public interest and for an appropriate coverage of matters of local
significance;
(k) to encourage
providers of broadcasting services and systems to respect community
standards and values in the provision of programme material;
(l) to ensure
the provision of means for addressing complaints about broadcasting
services;
(m) to ensure
that providers of broadcasting services place a high priority on the
protection of children from exposure to programme material which may
be harmful to them; and
(n) to ensure
compliance with this Act and licence conditions and, where empowered,
to enforce the provisions of this Act;
(o) to monitor
and track the use of the broadcasting service bands;
(p) generally,
to advise the Minister on all matters relating to broadcasting systems
and services;
(q) subject to
this Act, to carry out any function or act as may be prescribed by the
Minister.
(3) In the exercise
of its functions the Authority shall have regard to the desirability of
securing the following objects—
(a) the provision
of sufficient broadcasting services throughout Zimbabwe;
(b) the promotion
of peace, stability and national cohesion through the provision of broadcasting
services;
(c) ensuring
that any person by whom any broadcasting service falls to be provided
is able to provide these services at rates consistent with the provision
of an efficient and continuous service and the necessity of maintaining
independent financial viability;
(d) the development
of broadcasting systems and services in accordance with practicable
and recognised international standards and public demand;
(e) the satisfaction
of present and future reasonable demand for broadcasting services;
(f) the promotion
of the interests of consumers, purchasers and other users in respect
of the quality and variety of broadcasting services provided;
(g) the maintenance
and promotion of effective competition between persons engaged in the
provision of broadcasting services and any activities connected therewith;
(h) the advancement
of appropriate technology relating to broadcasting systems and services;
(i) the preservation
of the national security and integrity of Zimbabwe;
(j) the fostering
of Zimbabwean national identity and values.
(4) Subject to
this Act, for the better exercise of its functions the Authority shall
have the power to do or cause to be done, either by itself or through
its agents, all or any of the things specified in the Second Schedule,
either absolutely or conditionally and either solely or jointly with others.
4 Appointment
and composition of Broadcasting Authority of Zimbabwe Board
TOP
(1) The operations of the Authority shall,
subject to this Act, be controlled and managed by a board to be known
as the Broadcasting Authority of Zimbabwe Board.
(2) Subject to subsection (3), the
Board shall consist of not fewer than five members and not more than nine
members appointed by the Minister after consultation with the President
and in accordance with any directions that the President may give him.
(3) In appointing the members of the Board
the Minister shall endeavour to ensure that members are representative
of groups or sectors of the community.
(4) The Third Schedule shall apply to
the qualifications of members of the Board, their terms and conditions
of office, vacation of office, suspension and dismissal, and the procedure
to be followed by the Board at its meetings.
5 Financial
and miscellaneous provisions relating to the Authority TOP
The Fourth Schedule
shall govern the financial and certain other aspects of the operation
of the Authority.
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