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Broadcasting Services Act, 2001
Incorporates Act 3/2001, 22/2001 (s. 4)1 , 26/2001 (s. 10)2 ; 6/20033
September 19, 2003

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.


1 Criminal Penalties Amendment Act, 2001 (commencement: 20th May, 2002).
2 Zimbabwe Broadcasting Corporation (Commercialisation) Act, 2001 (commencement: 2nd February, 2002)
3 Broadcasting Services Amendment Act, 2003 (commencement: 19th September. 2003).

 

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