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Broadcasting Services Act, 2001
April 04, 2001



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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