Broadcasting Services Amendment Bill H.B. 9, 2024

This is a Bill — H.B. 9 of 2024 — not law. It would amend the Broadcasting Services Act [Chapter 12:06], principally to align it with the Constitution and the Public Entities Corporate Governance Act [Chapter 10:31]. It would come into operation on a date fixed by the President by statutory instrument.

The change most people would feel is on car radio licences. A new section 38B(4) would require ZINARA and every motor insurance company to issue a vehicle licence or motor insurance policy only to a person who holds a current ZBC radio licence or a valid ZBC exemption certificate — unless the vehicle has no radio receiver, in which case the applicant would have to sign a sworn declaration in a new Eighth Schedule stating the make and registration number and swearing the vehicle carries no radio. The definition of 'dealer' would also be widened to catch sellers of motor vehicle licences and insurance policies, so that ZBC licence compliance is enforced at those counters.

On ownership, the Bill would open broadcasting to foreign capital. It would permit foreign control of a broadcasting licence up to 40 per cent and allow up to 40 per cent of a licensee's directors to be foreigners, repealing the current requirement that directors be Zimbabwean citizens. The Minister would no longer approve individual licensings. Bodies other than natural persons could apply for licences such as community radios, and subsidiary companies could be licensed.

Regulation would be recast. BAZ's role would shift from controlling to managing and regulating the broadcasting service bands, with new objectives about encouraging freedom of expression and reflecting Zimbabwean attitudes and cultural diversity. The BAZ Board would shrink from twelve to seven members appointed by the President after consultation with the Minister, with gender balance, and would include broadcasting technology and content experts, a Chief nominated by the Council of Chiefs, a legal practitioner of at least five years' standing, a public accountant of at least five years' standing and a representative of religious bodies. Licence classes would be redefined around commercial, community and subscription services independently of delivery platform, spectrum licences would be applied for once a year, and public inquiries would be confined to services using the spectrum, excluding community radios.

Content and public service duties would tighten. Licensees would have to broadcast in all languages spoken in their service area, with foreign-originating services and community radios excluded. Foreign-originating services would be exempt from giving Government a free hour a week. Subscription broadcasters and subscription management licensees would have to carry up to three public broadcaster channels, one of them unencoded. A sports channel would need at least 50 per cent local and African content, and the public broadcaster running multiple channels would need 75 per cent local content across them. The Broadcasting Fund could be used to sustain community radios. The Board would gain power to make regulations on technological migration, civil penalties for licence non-compliance, commissioning independently produced content, language quotas, and — as flagged in the memorandum — registration of people who use social media platforms to broadcast events of national significance.

Governance provisions would follow the Public Entities Corporate Governance Act: board terms of four years rather than five, renewable once; vacancies filled within three months rather than six; and CEO and senior staff appointments subject to sections 17 to 21 and 23 of that Act, meaning at most two fixed-term performance contracts of up to five years, merit-based advertised appointment, conflict-of-interest disclosure, asset declarations and limits on remuneration and terminal benefits. Community licensees would have to 'ensure', not merely 'encourage', community participation in operations, programme selection and governing body membership, and the requirement to start broadcasting within six months of licence allocation would go.

Transitional clauses would deem existing appointments and existing lawful broadcasters to continue until licence expiry, with renewal applications lodged before expiry. Written in 'would' throughout because none of this is yet law: the Bill must pass both Houses, receive assent and be brought into operation by the President before any of it binds anyone.