INDEPENDENT BROADCASTING AUTHORITY ACT
Arrangement of Sections
Section
PART I
PRELIMINARY
1. Short title
2. Interpretation
3. Application
PART II
INDEPENDENT BROADCASTING AUTHORITY
4. Establishment of Authority
5. Functions of Authority
6. Authority not otherwise subject to direction
7. Constitution of Board
8. Appointments of Committee
9. Seal of Authority
10. Tenure of office and vacancy
11. Proceedings of Board
12. Committees of Board
13. Allowances of members
14. Disclosure of interest
15. Immunity of members
16. Prohibition of disclosure of information
PART III
ADMINISTRATION
17. Director General
18. Secretary and other staff
PART IV
BROADCASTING SERVICES, LICENCES AND TELEVISION LEVY
19. Prohibition of provision of broadcasting service without broadcasting license
20. Applications for license
21. Commercial Broadcasting Services
22. Community and religious broadcasting services
22A. Television levy
23. Subscription broadcasting services
24. Free to air broadcasting services
25. Licensing of operator of diffusion services
26. Licensing procedures
27. Conditions of licenses
28. Duration of licenses
29. Licenses not transferable
30. Withdrawal of licenses
31. Cancellation or refusal to renew a license for interference with postal and telecommunication apparatus
32. Powers of President in public emergency
PART V
PROGRAMME STANDARDS AND COMPLAINTS RELATING TO BROADCASTING SERVICES
33. Broadcasters to determine programme standards
34. Complaints relating to national broadcasting services or broadcasting services provided by other broadcasters
35. Investigation of complaints relating to the Corporation or other broadcasters
36. Action of Authority where complaint justified
37. Proceedings on failure by Corporation or broadcasting licensee to comply with recommendation
38. Obligation to keep records
PART VI
FINANCIAL PROVISIONS
39. Funds of Authority
40. Financial year
41. Accounts
42. Annual Report
PART VII
INSPECTION AND GENERAL PROVISIONS
43. Inspectorate
44. Powers of inspectors
45. Offences and penalties
46. Recovery of license fees
47. Regulations
48. Transitional provisions
49. Act not to affect Radio-communications Act
AN ACT
to establish the Independent Broadcasting Authority and to define its functions; to provide for the control and regulation of broadcasting and diffusion services; and to provide for matters connected with or incidental to the foregoing.
[13th June, 2003]
Act 17 of 2002,
Act 26 of 2010,
Act 18 of 2017*,
SI 61 of 2003.
PART I
PRELIMINARY
In this Act, unless the context otherwise requires—
...
["Appointments Committee" deleted by s 3(a) of Act 26 of 2010.]
“Authority” means the Independent Broadcasting Authority established by section 4;
“Board” means the Board of the Authority constituted under section 7;
“broadcasting” means any form of uni directional electronic communication intended for reception by—
(a) the public;
(b) sections of the public; or
(c) subscribers to any broadcasting service, whether conveyed by means of radio frequency spectrum or any electronic communications network or any combination thereof;
[Subs by s 3(c) of Act 26 of 2010.]
“broadcasting licence” means a licence entitling the holder of provide one or more broadcasting services;
[Ins by s 3(b) of Act 26 of 2010.]
“broadcasting licensee” means a holder of broadcasting licence;
[Ins by s 3(b) of Act 26 of 2010.]
“broadcasting service” means any service consisting of broadcasting and is conveyed by means of an electronic communications network but does not include—
(a) a service which provides no more than data or test, whether with or without associated still images;
(b) a service in which the provision of audio-visual material or audio material is incidental to the provision of that service;
(c) a service or a class of service, which the Authority may determine does not fall within this definition;
[Ins by s 3(b) of Act 26 of 2010.]
“community” includes a geographically defined community or any group of persons or sector of the public having a specific, ascertainable common interest;
“community broadcasting” means a broadcasting service which—
(a) is fully controlled by a non-profit entity and carried on for non-profitable purposes;
(b) serves a particular community;
(c) encourages members of the community served by it or persons associated with or promoting the interests of such community to participate in the selection and provision of programmes to be broadcast; and
(d) may be funded by donations, grants, sponsorship or advertising or membership fees, or by a combination of any of them;
“commercial broadcasting” means a broadcasting service operated for profit and controlled by a person who is not a public or community broadcaster;
“Corporation” means the Zambia National Broadcasting Corporation established under section 3 of the Zambia National Broadcasting Corporation Act;
“Chairperson” means the person elected as Chairperson of the Board under section 7;
...
["diffusion service" deleted by s 3(a) of Act 26 of 2010.]
“Director-General” means the person appointed Director-General under section 17;
“electronic communication” has the meaning assigned to it in the Information and Communication Technologies Act, 2009;
“electronic communications network” has the meaning assigned to it in Act No. 15 of 2009 the Information and Communication Technologies Act, 2009;
[Ins by s 3(b) of Act 26 of 2010.]
“free-to-air service” means a service which is broadcast and capable of being received without the payment of any subscription fee;
[Ins by s 3(b) of Act 26 of 2010.]
“local authority” means a city council, municipal council, district council or township council established under the Local Government Act;
“media support organisation” means an organisation which provides material or technical assistance to media organisations;
“member” means a member of the Board appointed under section 7;
“public broadcasting service” means the acquisition production, and distribution by public broadcasting stations of non-commercial educational, instructional, informational, entertainment, advisory or cultural television and radio programmes and information that may be transmitted by means of electronic communications, and related material and services provided on non-profit basis;
[“public broadcasting” subs with “public broadcasting service” by s 2(a) of Act 18 of 2017.]
“radio” means the conveyance of one or more channels of audio information by means of an electromagnetic wave most usually propagated in space, having a frequency below 3000 GHZ;
“receiver” means an apparatus in respect of which no license is required in terms of the Radio Communications Act, which is designated to be used for the reception of a broadcasting service;
“religious broadcasting” means a broadcasting service which transmits programmes of a religious nature;
“subscriber” means a person who lawfully accesses, uses or receivers a retail service of a broadcasting licensee;
[Ins by s 3(b) of Act 26 of 2010.]
“subscriber management service” means subscription service provided by a licensee entitled to provide a digital broadcasting service;
[Ins by s 2(b) of Act 18 of 2017.]
“subscription broadcasting service” means a broadcasting service provided to a subscriber upon payment of a fee;
[Ins by s 3(b) of Act 26 of 2010.]
“television” means the conveyance of visual information, together with one or more channels or associated audio or suitably encoded textual information;
“television levy” means the levy charged under section 22A of this Act; and
[Ins by s 2(b) of Act 18 of 2017.]
“Vice-Chairperson” means the person elected as Vice-Chairperson of the Board under section 7.
If any inconsistency arises between the provisions of this Act and those of any other written law relating to the regulation of broadcasting services the provisions of this Act shall prevail to the extent of the inconsistency.
[S 3 am by s 4 of Act 26 of 2010.]
PART II
INDEPENDENT BROADCASTING AUTHORITY
There is hereby established the Independent Broadcasting Authority which shall be a body corporate with perpetual succession and a common seal, capable of suing and of being sued in its corporate name and with power, subject to the provisions of this Act, to do all such acts and things as a body corporate may by law do or perform.
(1) Subject to the provisions of this Act and the Radio communications Act, the functions of the Authority shall be to regulate the broadcasting industry in Zambia.
(2) Without prejudice to the generality of sub-section (1), the functions of the Authority shall be—
(a) to promote a pluralistic and diverse broadcasting industry in
(b) to establish guidelines—
(i) for the development of broadcasting in Zambia through a public process which shall determine the needs of citizens and social groups in regard to broadcasting;
(ii) for the issuing of licenses, giving due regard to the need to discourage monopolies in the industry in accordance with the Competition and Fair Trading Act;
(iii) on the required levels of local content and other issues that are relevant for a pluralistic and diverse broadcasting industry;
(c) to safeguard the rational and efficient use of the frequencies allocated to broadcasters by developing a frequency plan for broadcasting, which shall be a public document, in compliance with international conventions;
(d) to grant, renew, suspend and cancel licenses and frequencies for broadcasting services in an open and transparent manner;
[S 5(2)(d) am by s 5 of Act 26 of 2010.]
(e) to enforce the compliance of broadcasting services with the conditions of the licenses issued under this Act;
[S 5(2)(e) am by s 5 of Act 26 of 2010.]
(f) to issue to any or all broadcasters, advisory opinions relating to broadcasting standards and ethical conduct in broadcasting;
(g) to oblige broadcasters to develop codes of practice and monitor compliance with those codes;
(h) to develop program standards relating to broadcasting in Zambia and to monitor and enforce compliance with those standards;
(i) to receive, investigate and decide on complaints concerning broadcasting services including public broadcasting services;
(j) to develop regulations in regard to advertising, sponsorship, local content, and media diversity and ownership;
(k) to administer and collect the television levy and any other fee payable in respect of a public broadcasting service;
[S 5(2)(k) ins by s 3(a) of Act 18 of 2017.]
(l) to perform such other functions as may be conferred on it by this or any other Act; and
[S 5(2)(k) relettered as s 5(2)(l) by s 3(b) of Act 18 of 2017.]
(m) to do all such other acts and things as are connected with or incidental to the functions of the Authority under this Act.
[S 5(2)(l) relettered as s 5(2)(m) by s 3(b) of Act 18 of 2017.]
6. Authority not subject to direction or control of other person
Except as otherwise provided in this Act, the Authority shall not be subject to the direction of any other person or authority.
(1) There is hereby constituted the Independent Broadcasting Authority Board which shall, subject to the provisions of this Act, perform the functions of the Authority under this Act.
(2) The Board shall consist of nine part time members appointed by the Minister.
[S 7(2) subs by s 6 of Act 26 of 2010.]
(3) A person shall not be qualified to be appointed to the Board unless the person is committed to fairness, freedom of expression, openness and accountability and when viewed collectively the persons so appointed shall be representative of a broad cross section of the population of the Republic.
(4) The Chairperson and the Vice-Chairperson shall be elected by the members from amongst themselves.
(5) A person shall not be appointed as a member of the Board if that person—
(a) is not a citizen of Zambia;
(b) is not permanently resident in Zambia;
(c) is a member of Parliament or local authority;
(d) is an office-bearer or employee of any political party;
(e) is a director or has direct or indirect financial interest in the broadcasting industry; or
(f) is an immediate family member of a person referred to in paragraph (d)or (e).
(6) A member may not become a shareholder or otherwise participate as an applicant for a broadcasting license within 12 months of ceasing to be a member of the Board.
[S 8 rep by s 7 of Act 26 of 2010.]
(1) The seal of the Authority shall be such device as may be determined by the Board and shall be kept by the Secretary.
(2) The affixing of the seal shall be authenticated by the Chairperson or the Vice-Chairperson and the Secretary or one other person authorised in that behalf by a resolution of the Board.
(3) Any contract or instrument which, if entered into or executed by a person not being a body corporate, would not be required to be under seal, may be entered into or executed without seal on behalf of the Board by the Secretary or any other person generally or specifically authorised by the Board in that behalf.
(4) Any document purporting to be a document under the seal of the Board or issued on behalf of the Board shall be received in evidence without further proof, unless the contrary is proved.
10. Tenure of office and vacancy
(1) Subject to the other provisions of this Act, a member of the Board shall hold office for a period of three years from the date of appointment and may be re-appointed for one further term of three years.
(2) On the expiration of the period for which a member is appointed, the member shall continue to hold office until the member’s successor is appointed but in no case shall such further period exceed 12 months.
[S 10(2) am by s 8(a) of Act 26 of 2010.]
(3) The office of a member shall become vacant—
(a) upon resignation;
(b) upon the death of the member;
(c) if that member without good cause or approval of the Chairperson is absent from three consecutive meetings of the Board of which that member had notice;
(d) if that member is adjudged bankrupt;
(e) if the member is declared to be of unsound mind; or
(f) if the member is convicted by any court of an offence involving dishonesty.
(4) A member may resign from office by giving one month’s notice in writing to the Minister.
(5) Whenever the office of a member becomes vacant before the expiry of the term of office the Minister may, appoint another member in place of the member who vacates office but such member shall hold office only for the unexpired part of the term.
[S 10(5) am by s 8(b) of Act 26 of 2010.]
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(1) Subject to the other provisions of this Act, the Board may regulate its own procedure.
(2) The Board shall meet for the initial transaction of business at such place and time as the Chairperson may determine, and thereafter the Board shall meet for the transaction of business at least once in three months at such places and at such times as the Board may determine.
(3) Upon giving notice of not less than 14 days, a meeting of the Board may be called by the Chairperson and shall be called if not less than one third of the members so request in writing:
Provided that if the urgency of any particular matter does not permit the giving of such notice, a special meeting may be called upon giving a shorter notice.
(4) There shall preside at any meeting of the Board—
(a) the Chairperson; or
(b) in the absence of the Chairperson, the Vice-Chairperson; or
(c) in the absence of the Chairperson and the Vice-Chairperson such member as the members present may elect for the purpose of that meeting.
(5) Five members shall form a quorum at any meeting of the Board.
(6) A decision of the Board on any question shall be by a majority of the members present and voting at the meeting and in the event of an equality of votes, the person presiding at the meeting shall have a casting vote in addition to that person’s deliberative vote.
(7) The Board may invite any person whose presence is in its opinion desirable, to attend and to participate in the deliberations of a meeting of the Board but such person shall have no vote.
(8) The validity of any proceedings, act or decision of the Board shall not be affected by any vacancy in the membership of the Board or by any defect in the appointment of any member or by reason that any person not entitled so to do took part in the proceedings.
(9) The Board shall cause minutes to be kept of the proceedings of every meeting of the Board and of every meeting of any committee established by the Board.
(1) The Board may, for the purpose of performing the Authority’s functions under this Act, establish committees and may delegate to any such committee such of its functions as it thinks fit.
(2) The Board may appoint as members of a committee established under sub-section (), persons who are or are not members of the Board except that at least one member of a committee shall be a member of the Board.
(3) A person appointed as a member of a committee under sub-section (2) shall hold office for the period which the Board shall determine.
(4) Subject to any specific or general directions of the Board any committee established under sub-section (1) may regulate its own procedure.
(5) The Board shall appoint the Chairperson of a committee from amongst the members who are Board members.
A member of the Board or any committee of the Board shall be paid such allowances as the Board may, with the approval of the Minister, determine.
(1) If a member or person is present at a meeting of the Board or any committee of the Board at which any matter is the subject of consideration and in which matter the member, person or that member’s or person’s immediate family member is directly or indirectly interested in a private capacity, the member or that person shall, as soon as practicable after the commencement of the meeting, disclose such interest and shall not, unless the Board otherwise directs, take part in any consideration or discussion of, or vote on, any question touching such matter.
(2) A disclosure of interest made under this section shall be recorded in the minutes of the meeting at which it is made.
(3) If a member or person participates in the proceedings of the Board while knowingly holding a conflict of interest, the member or person commits an offence and shall be liable, upon conviction, to a fine not exceeding thirty thousand penalty units or to imprisonment for a term not exceeding two years, or to both.
No action or other proceedings shall lie or be instituted against any member or member of a committee for or in respect of any act or thing done or omitted to be done in good faith in the exercise or purported exercise of that member or committee member’s functions under this Act.
16. Prohibition of disclosure of information
(1) A person shall not without the consent in writing given by, or on behalf of, the Board, publish or disclose to any person otherwise than in the course of the person’s duties, the contents of any document, communication or information which relates to, and which has come to the person’s knowledge in the course of the person’s duties under this Act.
(2) Any person who contravenes sub-section (1) commits an offence and shall be liable, upon conviction, to a fine not exceeding thirty thousand penalty units or to imprisonment for a term not exceeding two years, or to both.
(3) If any person having information which to that person’s knowledge has been published or disclosed in contravention of sub-section (1) unlawfully publishes or communicates any such information to any other person, that person commits an offence and shall be liable, upon conviction, to a fine not exceeding thirty thousand penalty units or to imprisonment for a term not exceeding two years, or to both.
PART III
ADMINISTRATION
(1) The Board shall appoint the Director-General on such terms and conditions as the Board may, with the approval of the Minister, determine.
(2) The Director-General shall be the Chief Executive Officer of the Authority, and shall be responsible for the management of the affairs of the Authority in accordance with the policies and directions of the Board.
(1) The Director-General shall be the Secretary to the Board.
(2) The Board shall appoint, on such terms and conditions as the Board may, with the approval of the Minister, determine such other staff of the Authority as it considers necessary for the performance of the functions of the Authority under this Act.
PART IV
BROADCASTING SERVICES, LICENCES AND TELEVISION LEVY
[Pt IV heading subs by s 9 of Act 26 of 2010, s 4 of Act 18 of 2017.]
19. Prohibition of provision of broadcasting service without broadcasting license
(1) Subject to the provisions of this Act, a person shall not operate or provide a broadcasting service in Zambia without a broadcasting licence.
(2) A person who contravenes sub-section (1) commits an offence and is liable, upon conviction, to a fine not exceeding five hundred thousand penalty units or to imprisonment for a period not exceeding five years, or to both.
[S 19 subs by s 9 of Act 26 of 2010.]
20. Advertisement for tender to provide broadcasting services
(1) The Board shall, in consultation with the Zambia Information and Communication Technologies Authority, where it determines that there is need for the provision of additional broadcasting service, publish a notice in the Gazette and in a daily newspaper of general circulation in Zambia inviting applications to provide the broadcasting service specified in the notice.
(2) The Board shall put the frequencies assigned to the various broadcasting services up for public tender as soon as they become available and specify the deadline for receiving the applications.
(3) The Board may conduct a public inquiry to determine priorities within the broadcasting industry.
[S 20 subs by s 9 of Act 26 of 2010.]
21. Application for broadcasting licence
(1) An application for a broadcasting licence shall be made to the Board in the prescribed manner and form upon payment of the prescribed fee.
(2) The Board shall, within 30 days of receipt of an application under sub-section (1), grant or reject the application.
(3) The Board shall, where it rejects an application under sub-section (2), inform the applicant accordingly and give the reasons therefore.
[S 21 subs by s 9 of Act 26 of 2010.]
22. Issuance of broadcasting licence
(1) The Board may issue a broadcasting licence subject to the provisions of this Act and to such conditions as the Board may determine:
Provided that:
(a) a political party or organisation or a legal entity formed by a political party or organisation does not qualify to provide a broadcasting service; and
(b) a person who is not a citizen of Zambia does not quality to provide a broadcasting service.
(2) In this section, “citizen of Zambia”, in relation to a body corporate, means a company in which not less than 75 percent of the company’s shares are held by Zambians.
(3) A broadcasting licence issued under sub-section (1) shall be for such duration as the Board may determine.
(4) A broadcasting licensee shall pay such annual fee for the broadcasting licence as may be determined by the Board.
(5) Without prejudice to the generality of sub-section (1), the conditions of a broadcasting licence may-
(a) specify the site or sites at which any broadcasting station to be operated under the authority of the broadcasting licence are to be located, and regulate the manner of their installation;
(b) specify the kind of broadcasting authorized by the broadcasting licence and regulate the type and standard of broadcasting station apparatus to be used in any such broadcasting station;
(c) require the payment to the Authority of an annual fee;
(d) require the broadcasting licensee or any other person concerned in providing any service authorized by the broadcasting licence to furnish to the Board such documents, accounts, returns, estimates and other information as the Board considers necessary for the purposes of exercising or performing the powers and functions of the Authority under this Act;
(e) require the broadcasting licensee to refer specified matters to the Authority for determination;
(f) require the broadcasting licensee to comply with directions given by the Board in relation to specified matters;
(g) provide for arbitration of disputes arising in connection with the terms and conditions of, or otherwise concerning, the licence in accordance with the Arbitration Act, 2000;
(h) require and regulate the payment of fines and penalties by the broadcasting licensee for breach of any specified terms and conditions of the broadcasting license under this Act; and
(i) require such broadcasting licensee to provide programming which reflects Zambian circumstances in accordance with the provisions of this Act.
[S 22 subs by s 9 of Act 26 of 2010.]
(1) The Authority shall charge a television levy on the subscription payment made by a person to a licensee that provides a subscriber management service during any period of subscription at the rate prescribed by the Minister by Statutory Instrument.
(2) The Authority shall apply the television levy charged under sub-section (1) to public broadcasting services.
(3) A licensee that collects the television levy under sub-section (1) shall remit the levy to the Authority not later than the tenth day of the month following the month in which the levy is paid.
(4) A licensee that contravenes this section commits an offence and is liable on conviction to a fine not exceeding two hundred thousand penalty units or to imprisonment for a term not exceeding two years or to both.
(5) The Minister may by statutory instrument, make regulations for the better collection and administration of the levy.
[S 22A ins by s 5 of Act 18 of 2017.]
23. Categories of services under broadcasting licence
A broadcasting licence may be issued by the Board for the following services—
(a) a commercial broadcasting service to provide—
(i) a diverse range of programming addressing a wide section of the Republic;
(ii) programming in the official language or in any other local language of the Republic widely spoken in the Republic or any particular area;
(iii) within such period as the Board may specify, comprehensive coverage of the areas which the broadcasting licensee is authorized to serve; and
(iv) such free-to-air broadcasting services as may be determined by the Board;
(b) a community or religious broadcasting service to provide—
(i) free-to-air radio broadcasting services; or
(ii) free-to-air television services; or
(c) a subscription broadcasting service to provide a broadcasting service that draws revenue from subscription, advertising sponsorship:
Provided that a person licensed to provide a subscription broadcasting service, may not acquire exclusive rights to the broadcasting of any national, sporting or other event which is identified, by the Board, to be in the public interest.
[S 23 subs by s 9 of Act 26 of 2010.]
24. Content of broadcasting services
(1) The programming provided by a commercial broadcasting service shall, subject to the conditions of the broadcasting licence and the provisions of this Act—
(a) reflect the culture, character, needs and aspirations of the people in the areas specified in the broadcasting licence;
(b) provide an appropriate amount of local or national programming;
(c) include news and information programmes on a regular basis, including discussion on matters of national, regional, and where appropriate, local significance;
(d) include significant portions of Zambian drama, documentaries and children’s programmes that reflect Zambian themes, literature and historical events; and
(e) meet the highest standards of journalistic professionalism.
(2) The programming provided by a community broadcasting service shall reflect the needs of the people in the community, including the cultural language and demographic needs and shall—
(a) provide a community broadcasting service dealing specifically with issues which are not predominately dealt with by the broadcasting service covering the same areas;
(b) be informative, educational and entertaining;
(c) focus on the provision of programmes that highlight grass root community issues including, developmental issues and general educational affairs, environmental affairs, local, international and current affairs reflective of local culture; and
(d) promote the development of a sense of common purpose and improved quality of life.
(3) The programming provided by a religious broadcasting service shall reflect the religious beliefs and needs of the people and shall—
(a) provide a community broadcasting service dealing specifically with religious issues;
(b) be informative, educational and entertaining;
(c) focus on the provision of programmes that highlight grass root community issues including, developmental issues, health care, basic information and general educational and environmental affairs and other spiritual matters; and
(d) promote the development of a sense of common religious purpose and improve the quality of life.
[S 24 subs by s 9 of Act 26 of 2010.]
25. Prohibition of transfer, selling, leasing, etc. of broadcasting licence
A broadcasting licence issued under this Part shall not be transferred, bought, sold, assigned, leased, mortgaged or charged to a third party.
[S 25 subs by s 9 of Act 26 of 2010.]
26. Display of broadcasting licence
A broadcasting licensee shall display the broadcasting licence in a conspicuous place at the place of business of the broadcasting licensee.
[S 26 subs by s 9 of Act 26 of 2010.]
27. Changes in detail or character of broadcasting programming
(1) A broadcasting licensee shall, where the broadcasting licensee intends to change the character of the broadcasting programming, apply to the Board for variation of the character of the programming.
(3) The Board shall, where it receives an application under sub-section (3) and where it determines that the envisaged change in the broadcasting programming has significant public interest, call a public hearing on the matter.
[S 27 subs by s 9 of Act 26 of 2010.]
28. Renewal of broadcasting licence
(1) A broadcasting licensee may, at least six months before the expiry of the broadcasting licence, apply to the Board for renewal of the broadcasting licence in the prescribed manner and form upon payment of the prescribed fee.
(2) A broadcasting licence that is not renewed in accordance with sub-section (1) is void.
(3) A broadcasting licensee who provides a broadcasting service during any period in which the broadcasting licensee’s broadcasting licence is void commits an offence and is liable, upon conviction, to a fine not exceeding seven hundred thousand penalty units or to imprisonment for a period not exceeding seven years, or to both.
[S 28 subs by s 9 of Act 26 of 2010.]
29. Cancellation or suspension of broadcasting licence
(1) Subject to the other provisions of this section, the Board may cancel a broadcasting licence if-
(a) the broadcasting licensee informs the Board, in writing, that the broadcasting licensee does not intend to provide broadcasting service any longer;
(b) the Board has reasonable grounds to believe that the broadcasting licence was obtained through fraud, misrepresentation, concealment of a material fact or submission of incorrect information;
(c) the broadcasting licensee has not, within 120 days of the issue of the broadcasting licence, commenced the business for which the broadcasting licence was issued;
(d) the broadcasting licensee provides a broadcasting service that the broadcasting licensee is not licensed to provide;
(e) the period for which the broadcasting licence was issued has lapsed;
(f) the broadcasting licensee is convicted of an offence involving fraud or dishonesty, or any other offence under this Act or any other written law and sentenced therefore to a term of imprisonment of six months or more without option of fine;
(g) since the issue of the broadcasting licence, circumstances have arisen disqualifying the broadcasting licensee from holding the broadcasting licence;
(h) the broadcasting licensee, without a justified reason, has ceased to provide the broadcasting services, for which the broadcasting licence was obtained, for more than 60 consecutive days or 90 days with intermissions during the calendar year;
(i) the broadcasting licensee has failed, inspite of written notice, to comply with the conditions of the broadcasting licence;
(j) the cancellation of the licence is necessary in the interest of public safety, security, peace, welfare or good order; or
(k) the Board considers it appropriate in the circumstances of the case to do so.
(2) Where a broadcasting licensee does not comply with this Act or with the conditions of the broadcasting licence, the Authority shall notify the broadcasting licensee of the measures that the broadcasting licensee shall undertake, within a specified period, to comply with the conditions of this Act or the broadcasting licence.
(3) The Authority shall, where a broadcasting licensee fails to comply with a notice issued under sub-section (2), within a specified period of time, suspend the broadcasting licence for a specified period of time or cancel the broadcasting licence.
(4) The Authority shall not be liable to refund a broadcasting licensee whose broadcasting licence is cancelled in terms of this section, the fee or any portion of the fee paid on the issue of the broadcasting licence.
(5) Where a broadcasting licence is cancelled under this section, the broadcasting licence shall be void and shall be surrender to the Authority.
(6) The Board may, before cancelling a broadcasting licence, suspend the broadcasting licence for such period and on such terms and conditions as the Board may determine.
(7) The Board shall, before cancelling or suspending a broadcasting licence under this section, give the broadcasting licensee an opportunity to be heard.
[S 29 subs by s 9 of Act 26 of 2010.]
30. Duplicate broadcasting licence
(1) A broadcasting licensee whose broadcasting licence is destroyed or lost may apply to the Board for a duplicate broadcasting license in the prescribed manner and form upon payment of the prescribed fee.
(2) The Board may, upon receipt of an application under sub-section (1), issue a duplicate broadcasting license to the applicant.
[S 30 subs by s 9 of Act 26 of 2010.]
(1) A person who is aggrieved with a decision of the Board under this part may appeal to the Minister within 30 days.
(2) A person who is aggrieved with a decision of the Minister under sub-section (1) may appeal to the High Court within 30 days.
[S 31 subs by s 9 of Act 26 of 2010.]
32. Powers of President in public emergency
(1) The President may, where there is in force a proclamation of a state of public emergency or threatened public emergency under the Constitution, make an order authorizing an officer or an authority, in the public interest, to—
(a) take over all broadcasting stations or any particular broadcasting station in Zambia; and
(b) control and direct all broadcasting stations or a broadcasting station to which the provisions of paragraph (a) relate for so long as the President considers it expedient;
and in so doing any require the exclusive services of the persons employed in working, maintaining or carrying on the same.
(2) Where an officer or an authority is authorized to take over a broadcasting station under sub-section (1), the person owning or controlling the broadcasting station shall give up possession to the President, the officer or authority, and the person employed in working or maintaining the broadcasting station or in carrying on a broadcasting service from the broadcasting station shall, if the President, in terms of that sub-section, requires their exclusive services, diligently and faithfully obey, during the period the broadcasting station is in possession of the officer or authority, all such orders and other directions as the officer or authority may give in connection with the working or maintenance of the broadcasting station or the carrying on of broadcasting services from the broadcasting station.
(3) Reasonable compensation shall be paid, from monies appropriated for the purpose by Parliament, to a person who suffers loss or damage through the exercise of the powers conferred by this section in such amount as may be agreed upon between the person and the Minister.
(4) Where a dispute arises as to the amount of compensation payable under sub-section (3), any person claiming to be entitled to compensation may refer such dispute to a court.
(5) In determining the amount of any compensation, including costs or expenses, payable under this section, the court and every other person shall have due regard to the fact that the take-over has been necessitated by a state of public emergency.
[S 32 subs by s 9 of Act 26 of 2010.]
PART V
PROGRAMME STANDARD AND COMPLAINTS RELATING TO BROADCASTING SERVICES
33. Broadcasters to determine programme standards
The Corporation and every licensed broadcasting service, shall develop a code of professional standards which shall comply with the following minimum requirements-
(a) respect for human dignity and human rights and freedoms, and contribution to the tolerance of different opinions and beliefs;
(b) comprehensive, unbiased and independent news broadcast and current affairs programmes with commentary clearly distinguished from news;
(c) observance of procedures for correcting factual errors and redressing unfairness;
(d) observance of the principle of the right to reply;
(e) protection of the integrity of minors by clearly classifying and distributing programmes that could endanger the development of a child in a way with the least possibility for a child to use it; and
(f) clear separation of advertisements from other programme outputs.
34. Complaints relating to public broadcasting or broadcasting services
(1) Where—
(a) a person has made a complaint—
(i) to the Corporation; or
(ii) to a broadcasting licensee;
on the ground that the Corporation or broadcasting licensee has in providing a broadcasting service acted contrary to a code of practice developed by broadcasters referred to in section 33; and
(b) the person has not received a response within 14 days after making the complaint, or the person has received a response within that period but considers that response to be inadequate;
that person may make a complaint to the Authority about the matter
35. Investigation of complaints relating to the Corporation or other broadcaster
(1) Subject to sub-section (2) the Authority shall investigate the complaint submitted under section 34.
(2) The Authority shall not investigate the complaint if it is satisfied that—
(a) the complaint is frivolous or vexatious or was not made in good faith;
(b) the complaint is not relevant to a code of practice developed by the Corporation or any other broadcasting licensee; or
(c) the complaint is brought more than three months after the broadcast in question was made.
36. Action of Authority where complaint justified
(1) If, having investigated a complaint, the Authority is satisfied that—
(a) the complaint is justified; and
(b) the Authority should take action to obligate the Corporation or other broadcasting licensee to comply with the relevant code of practice;
the Authority may, by notice in writing given to the Corporation, or other broadcasting licensee, recommend that the Corporation or the broadcasting licensee, as the case may be, take action to comply with the relevant code of practice and take such other action in relation to the complaint as is specified in the notice.
(2) The other action referred to in sub-section (1) may include broadcasting or otherwise publishing an apology or retraction.
(3) The Authority shall notify the complainant of the results of such an investigation.
37. Proceedings on failure by Corporation or broadcasting licensee to comply with recommendation
(1) If the Authority has made a recommendation to the Corporation or a broadcasting licensee under section 36,and the Corporation or broadcasting licensee, as the case may be, does not, within 14 days after the recommendation was given, take action that the Authority considers to be appropriate, the Authority may by notice in writing, require the Corporation or broadcasting licensee to make good the default within a specified time.
(2) If the Corporation or broadcasting licensee fails to comply with the notice referred to in sub-section (1), the Authority shall apply to the High Court for an order compelling the Corporation or broadcasting licensee to remedy the default and the Court may make such order on the application as it thinks fit.
38. Obligations to keep records
A broadcasting licensee shall—
(a) keep and store sound and video recordings of all programmes broadcast or re-broadcast for a
minimum period of three months after the date of transmission or the broadcast or re-broadcast, or for such further period as may be directed by the Board; and
(b) on demand by the Board produce such material that has been broadcast for examination or reproduction.
PART VI
FINANCIAL PROVISIONS
(1) The Funds of the Authority shall consist of—
(a) such moneys as may be appropriated by Parliament for the purposes of the Authority;
(b) such moneys or assets as may accrue to, or vest in, the Authority by way of grants, levies, subsidies, bequests, donations, gifts, subscriptions, rents, interests or royalties;
[S 39(1)(b) am by s 6 of Act 18 of 2017.]
(c) such sums as may be realised from the sale of any property by or on behalf of the Authority;
(d) fees payable in respect of licenses issued under this Act; and
(e) such moneys or assets as may howsoever accrue to or vest in the Authority.
(2) The Authority may—
(a) accept moneys by way of grants or donations from any source in the Republic and, subject to the approval of the Minister from any source outside Zambia;
(b) raise moneys by way of loans or otherwise from any source in the Republic and, subject to the approval of the Minister, from any source outside Zambia, as it may require for the discharge of its functions; and
(c) in accordance with the Regulations made under this Act charge and collect fees for services provided by the Authority.
(3) There shall be paid from the funds of the Authority—
(a) the salaries, allowances and loans of the staff of the Authority;
(b) such reasonable travelling, transport and subsistence allowances for the members and members of any committee of the Authority when engaged in the business of the Authority, and at such rates as the Authority may determine; and
(c) any other expenses incurred by the Authority in the performance of its functions.
The financial year of the Authority shall be the period of 12 months ending on the 31st December in each year.
(1) The Authority shall cause to be kept proper books of accounts and other records relating to its accounts.
(2) The accounts of the Authority shall be audited annually by independent auditors appointed by the Authority.
(1) As soon as practicable, but not later than three months after the financial year, the Authority shall submit to the Minister a report concerning its activities during that financial year.
(2) The report referred to in sub-section (1) shall include information on the financial affairs of the Authority and there shall be appended thereto—
(a) a balance sheet;
(b) an audited statement of income and expenditure; and
(c) such other information as the Minister may require,
(3) The Minister shall, not later than 30 days after the first sitting of the National Assembly next after receipt of the report referred to in sub-section (1), lay it before the National Assembly.
PART VII
INSPECTION AND GENERAL PROVISIONS
(1) In order to ensure compliance with the provisions of this Act, the Authority shall establish an inspectorate unit and may appoint such inspectors as may be necessary for the performance of its functions.
(2) Every inspector shall be provided with a certificate of appointment which shall be prima facie evidence of the inspector’s appointment as such.
(3) Any inspector carrying out any functions under this Act shall on demand by any person who is affected by the inspector’s exercise of power, produce for inspection the certificate referred to in sub-section (2).
(1) To ensure that the provisions of this Act are being complied with, an inspector shall have power, on production of the certificate of appointment issued under section 43 to demand the production of, and to inspect or make copies of a license issued under Part IV.
(2) An inspector may upon probable cause shown on oath to a magistrate court obtain a warrant to enter upon and search or examine the premises prescribed in the warrant in order to ascertain whether any offence under this Act is being committed in such premises.
(3) Where an inspector is satisfied that a person does not have a valid license in respect of a matter for which a license is required under this Act, the inspector or police officer may serve on that person notification in the prescribed form.
A person who—
(a) fails or refuses to register as a dealer with the Authority when required to do so under this Act;
(b) fails or refuses to furnish a return or to supply information to the Authority in the manner and in the time prescribed;
(c) furnishes a false or incomplete return or incomplete information to the Authority;
(d) on being required to do so fails or refuses to produce to an inspector a license issued under this Act or a book, record or document relating to receivers which is in that person’s possession or under that person’s control;
(e) willfully delays or obstructs an inspector of the Authority in the exercise of the powers conferred upon the inspector by or under this Act;
(f) fails or refuses without reasonable cause to give information to an inspector of the Authority in the exercise of the powers conferred upon the inspector by or under this Act;
(g) fails or refuses, without reasonable cause to do anything when required to do so by an inspector in terms of section 44;
(h) makes a declaration or statement which the person knows to be false in any material particular or does not know or believe to be true or knowingly makes use of a declaration or statement of document containing the same for the purposes of obtaining whether for oneself or another person, the issue of a license in terms of this Act; or
(i) contravenes or fails to comply with any provision of any regulations, order or notice made or issued under this Act;
commits an offence and shall be liable, on conviction, to a fine not exceeding fifteen thousand penalty units or to imprisonment for a term not exceeding two years, or to both.
The Authority may by warrant of distress recover the amount of a license fee payable by a broadcasting licensee in terms of sections 19 and 25:
Provided that the Authority shall, before issuing the warrant referred to in this section, give the broadcasting licensee 30 days’ notice of the Authority’s intention to issue a warrant if the default is not rectified within that period.
[S 46 proviso am by s 10 of Act 26 of 2010.]
(1) The Minister may, on the recommendation of the Authority, make regulations for the better carrying out of the provisions of this Act.
(2) Without prejudice to the generality of sub-section (1) the regulations made under that sub-section may provide for—
(a) the registration of dealers with the Authority and the information to be supplied to the Authority in connection with applications for registration;
(b) the fees payable under the Act;
(c) the form and manner in which applications for licenses are to be made and the information to be supplied in connection therewith;
(d) the form of licenses, the terms and conditions subject to which the licenses shall be issued and the periods for which licenses shall remain in force; and
(e) anything which is required to be prescribed under the Act.
(1) A holder of a licence issued under the repealed Part shall, within six months of the commencement of this Act, apply to the Board for a new licence in accordance with the provisions of this Act:
Provided that the Board shall only issue a licence for the unexpired period for which it was issued.
(2) For the avoidance of doubt, a licence issued under the repealed Part shall cease to be valid six months after the commencement of this Act.
[S 48 subs by s 11 of Act 26 of 2010.]
49. Act not to affect Radio-Communications Act
Nothing in this Act shall be construed as exempting a broadcasting operator from compliance with the provisions of the Radio-communications Act or of the subsidiary legislation made thereunder which relate to—
(a) the establishment of radio transmitting stations and the erection of radio apparatus at sites approved by the Communications Authority;
(b) the allocation of frequencies by the Communications Authority in consultation with the Authority;
(c) the approval of the Communications Authority, in consultation with the Authority—
(i) the mode of transmission to be used in connection with radio transmitting stations and the power to be radiated therefrom;
(ii) the classes, types and standards of radio receiving stations; and
[S 49(c)(ii) am by s 12(a)(i) of Act 26 of 2010.]
(iii) the classes, types and standards of radio stations;
[S 49(c)(iii) subs by s 12(a)(ii) of Act 26 of 2010.]
(d) the prevention of harmful interference;
(e) the making of distress calls, messages and signals;
(f) the manner of carrying on radio communication services governed by the provisions of conventions; and
(g) the inspection and testing of radio stations.
[S 49(g) am by s 12(b) of Act 26 of 2010.]
{/mprestriction}