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Broadcasting
Services Act, 2001
April 04, 2001
Contents
PART
IX
General
39. Public
service obligations of licensees
40. Complaint
procedure of licensees
41. Broadcasting
licensees to keep records of programmes
42. Inspections
43. Appeals
44. Approval
of tariffs by Authority
45. Exemption
from liability for Authority
46. Regulatory
powers of Minister
47. Savings
and transitional provisions
48. Amendment
of Cap 12:01 and Cap 12:05
39 Public
service obligations of licensees TOP
(1) In this section—
"emergency"
means any event or circumstance resulting from a major accident, natural
disaster, epidemic, civil unrest or public disorder or war which is
declared to be such by the Minister by notice published in the Gazette;
"emergency
organisation" means, in respect of any locality, the police,
defence forces, civil defence and any fire, ambulance or other emergency
service;
"national
event" means any event or occasion which is declared to be
such by the Minister by notice published in the Gazette.
(2) A licensee
shall provide such information and facilities as will enable a person
to communicate with an emergency organisation free of charge in the event
of an emergency occurring within any area serviced by the emergency organisation.
(3) A licensee
shall, as a public service, provide sufficient coverage of national events.
(4) Every licensee
shall, when providing an information service, provide a fair, balanced,
accurate and complete service.
(5) Every subscription
satellite broadcasting licensee shall transmit an unencoded signal from
a public broadcaster.
40 Complaint
procedure of licensees TOP
(1) Every licensee
shall establish a procedure for dealing with complaints by consumers of
its services which ensures that—
(a) every such
complaint is attended to within a reasonable time and in any case within
14 days by a person having the authority to effect any remedial action
that may be necessary; and
(b) the complainant
is made aware of his right to complain to the Authority if the complaint
is not remedied.
(2) Every licensee
shall keep a record of all complaints made by consumers and make the record
available for inspection at the request of the Authority.
(3) If no complaint
referred to in subsection (1) is attended to or remedied within the
time there specified, the consumer concerned may lodge the complaint in
a prescribed form with the Authority.
(4) The Minister
shall, on the advice of the Authority, prescribe the form and manner in
which complaints shall be dealt with.
(5) The Authority
shall not deal with a complaint that is the subject of litigation pending
before a court.
41 Broadcasting
licensees to keep records of programmes TOP
In addition to the
requirements of paragraph 5 of the Fifth Schedule, every broadcasting
licensee shall, in the prescribed manner—
(a) make and
keep a record of every programme broadcast by it, which record shall
at all times be made available for inspection by the Authority at its
request;
(b) provide a
copy of each of its programmes free of charge to the National Archives
of Zimbabwe referred to in section 3 of the National Archives of
Zimbabwe Act
42 Inspections
TOP
(1) The Authority
may appoint persons employed by it to be inspectors for the purposes of
this Act and shall furnish each person so appointed with a certificate
signed on behalf of the Authority stating that he has been appointed as
an inspector.
(2) An inspector
or a police officer may require a person whom he has reasonable cause
to suspect is a person required in terms of this Act to possess a licence
to produce his licence.
(3) If a person
referred to in subsection (2)—
(a) is unable
to produce his licence on demand; or
(b) cannot be
located at his usual or last-known place of abode or business;
the inspector or police
officer concerned may serve on the person a notice in the prescribed form
requiring that person to produce that notice and his licence to the police
officer in charge of a police station within a period of seven days from
the date of service of that notice.
(4) A police officer
to whom a notice and a licence have been produced in terms of subsection (3)
shall forthwith—
(a) issue to
the person who produced the notice and licence a receipt in the prescribed
form; and
(b) notify the
inspector or police officer who served the notice that the notice and
the licence has been produced.
(5) If a person
who has been served with a notice in terms of subsection (2)—
(a) fails to
comply with the requirement contained in that notice, he shall be presumed,
until the contrary is proved, not to be the holder of the licence referred
to in the notice;
(b) is subsequently
prosecuted for failing to comply with the requirement contained in that
notice, he shall be presumed, unless the contrary is proved, not to
have produced that notice and his licence in compliance with the notice.
(6) Subject to
subsection (8), an inspector or a police officer may, at all reasonable
times enter premises¾
(a) of a licensee;
or
(b) which are
owned or occupied by a person whom he has reasonable cause to suspect—
(i) is operating
as a signal carrier or operating a signal transmitting station in
contravention of this Act; or
(ii) is providing
any service for which a broadcasting licence is required;
and shall have power
to make such examination, inspection and inquiry and do such things as
may appear to him necessary for ascertaining whether compliance has been
made with this Act.
(7) Subject to
subsection (8), an inspector may inspect at all reasonable times
a radio transmitting station, broadcasting apparatus or premises worked
or used by or in the possession or under the control of a licensee.
(8) The powers
of entry and inspection conferred by this section shall not be exercised
except with the consent of the person in charge of the premises concerned,
unless there are reasonable grounds for believing that it is necessary
to exercise them for the prevention, investigation or detection of an
offence in terms of this Act or for the obtaining of evidence relating
to such an offence.
(9) An inspector
or police officer may, in the exercise of the powers conferred upon him
by this section, seize—
(a) a radio transmitting
station which he has reasonable cause to suspect is being operated by
or is in the possession or under the control of a person in contravention
of this Act; or
(b) any broadcasting
material, book, record or document, which he has reasonable cause to
suspect, will afford evidence of the commission of an offence against
this Act;
and may retain it
for so long as may be necessary for the purpose of any examination, investigation,
trial or inquiry.
(10) An inspector
may, in the exercise of the powers conferred upon him by this section,
order a person referred to in subsection (7) to cease using, pending
inquiry by the Authority, a radio transmitting station or broadcasting
apparatus which, in his opinion, is being operated otherwise than in accordance
with this Act or the International Telecommunications Constitution or,
as the case may be, the terms and conditions of his licence.
(11) An inspector
shall, on demand by any person affected by the exercise of the powers
conferred upon him by this section, exhibit the certificate issued to
him in terms of subsection (1).
(12) Any person
who—
(a) fails to
comply with the requirement contained in a notice served on him in terms
of subsection (3), or with a requirement made by an inspector in
terms of subsection (10); or
(b) wilfully
delays or obstructs a police officer or inspector in the exercise of
the powers conferred upon him by this Act;
shall be guilty of
an offence, and liable to a fine not exceeding $5,000, or to imprisonment
for a period not exceeding two years, or to both such fine and such imprisonment.
43 Appeals
TOP
(1) Subject to
this section, any person who is aggrieved by—
(a) a decision
of the Minister not to issue a licence; or
(b) any term
or condition of a licence issued to him, or a refusal by the Minister
to specify a term or condition in a licence; or
(c) a refusal
by the Minister to renew a licence; or
(d) any amendment
of a licence or a refusal by the Minister to amend a licence; or
(e) the suspension
or cancellation of a licence;
may, within 28 days
after being notified of the decision or action of the Minister, appeal
to the Administrative Court.
(2) An appeal in
terms of subsection (1) shall be made in the form and manner and
within the period prescribed in the rules of court.
(3) For the purpose
of determining an appeal in terms of subsection (1) the President
of the Administrative Court shall be assisted by two assessors.
(4) On an appeal
in terms of subsection (1), the Administrative Court may, subject
to subsection (5), confirm, vary or set aside the decision or action
appealed against and may make such order, whether as to costs or otherwise,
as the court thinks just.
(5) Any person
whose appeal on a ground specified in paragraph (a) or (c) of subsection (1)
is upheld shall not be entitled to receive a licence but shall be entitled
to have his matter remitted to the Authority for re-determination in terms
of this Act.
44 Approval
of tariffs by Authority TOP
(1) At the time
of applying for the issue or renewal of his licence, a licensee shall
submit for the approval of the Authority written particulars of his proposed
tariff, if any, at the commencement of the licensing period.
(2) If a licensee
proposes to amend or replace the tariff that was approved at the time
when his licence was issued or renewed, he shall give notice to the Authority
within such period and in such form and manner as the Authority may require
or as may be prescribed.
(3) The Authority
shall, within 14 days of the receipt of the proposal, respond in writing
confirming whether or not a proposal submitted in terms of subsection (2)
is approved, and where the Authority has not so responded within such
period, the proposal shall be deemed to have been approved by the Authority.
(4) No amended
or substituted tariff shall come into operation before the expiry of seven
days following its approval by the Authority or the expiry of 21 days
following the submission of a proposal in terms of subsection (2)
to which no response has been received.
(5) A licensee
to whom this section applies shall publish his tariff by—
(a) making it
available for inspection at his principal places of business during
normal business hours; and
(b) promptly
sending the relevant parts of it at the request of any consumer of his
services.
45 Exemption
from liability for Authority TOP
No liability shall
attach to the Authority or to any employee of the Authority or the Board
or to a member of the Board or any committee of the Board for any loss
or damage sustained by any person as a result of the bona fide exercise
or performance of any function which by or in terms of this Act is conferred
or imposed upon the Authority or the Board.
46 Regulatory
powers of the Minister TOP
(1) The Minister
may, by regulation, order or notice, prescribe matters that, by this Act,
are required or permitted to be prescribed or that in the opinion of the
Minister are necessary or convenient to be prescribed for carrying out
or giving effect to this Act.
(2) Without derogating
from the generality of subsection (1), regulations, orders or notices
made in terms of subsection (1) may provide for—
(a) the form,
manner and period in which applications for licenses shall be made;
(b) the form,
manner and period in which complaints against licensees shall be dealt
with;
(c) the amount
of the annual levy payable in terms of section 32;
(d) the manner
in which monies held in the Broadcasting Fund established by section 29
may be invested;
(e) any further
conditions to which any class of licence shall be subject;
(f) further categories
of broadcasting licences;
(g) the fees
to be paid for licences and the manner of their payment;
(h) the prohibition,
restriction or control, of the importation, purchase and sale of any
apparatus capable of causing harmful interference;
(i) such matters
as the Minister may consider appropriate or necessary to give force
and effect within Zimbabwe to the provisions of the International Telecommunication
Constitution.
47 Savings
and transitional provisions TOP
(1) Any regulations,
by-laws or notices which, immediately before the date of commencement
of this Act, were in force under the Broadcasting Act [Chapter 12:01],
shall continue in force as if made in terms of this Act.
(2) Any application
or purported application made before the date of commencement of this
Act for the operation of any broadcasting system or service, whether in
terms of the Broadcasting Act [Chapter 12:01], the Radiocommunications
Services Act [Chapter 12:04] or the Postal and Telecommunications
Act [Chapter 12:05], shall not be treated as an application
for the purposes of section 10.
(3) Any person
who, immediately before the date of commencement of this Act was lawfully
providing a datacasting service, a roadcasting service, a webcasting service
or a subscription satellite broadcasting service shall be deemed to be
licensed for the purpose of providing the same service or system for a
period of three months from the date of commencement of this Act, and
any application made after that date in terms of this Act for a licence
to provide that service shall be treated as an application for a new licence
in terms of section 10 and not for the renewal of a licence.
(4) This Act shall
be deemed to have come into operation on the date of commencement of the
Presidential Powers (Temporary Measures) (Broadcasting) Regulations, 2000,
published in Statutory Instrument 255A of 2000 (hereinafter called "the
Regulations"), and anything done in terms of those regulations shall
be valid as if it had been done in terms of this Act.
48 Amendment
of Cap. 12:01 and Cap 12:05 TOP
(1) The Broadcasting
Act [Chapter 12:01] is amended—
(a) in the long
title, by the deletion of "to confer upon the Corporation the sole
right to broadcast in Zimbabwe; to provide for the licensing of operators
of diffusion services and of listeners;" and the substitution of
"to provide for the licensing of listeners;";
(b) by the repeal
of section 1 and the substitution of—
"1 Short
title
This Act may be
cited as the Zimbabwe Broadcasting Corporation Act [Chapter 12:01].";
(c) in section 27
by the insertion after "Corporation" of "a person licensed
in terms of the Broadcasting Services Act [Chapter 12:01],".
(2) The Postal
and Telecommunications Act [Chapter 12:05] is amended in section 33
by the insertion in subsection (2) after "no person" of
"other than the Zimbabwe Broadcasting Corporation or a person licensed
in terms of the Broadcasting Services Act, 2001,".
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