• UNIT 1: INTRODUCTION TO MEDIA LAW

• What is Media Law?

• Media Law is the law that regulates or governs the print and broadcast (electronic) media and other issues
the covers, surrounds or has a bearing on the print and broadcast media such as the press freedom, privacy,
confidentiality, defamation, contempt of court, information technology, copyright, advertising.
• Media law is broad and encompass a number of issues.
• Electronic media and print media include:
• Broadcasting, in the narrow sense, for radio and television.
• Many instances of various types of recorded discs or tapes. In the 20th century, these were mainly used for
music, Video and computer uses followed.
• Film, most often used for entertainment, but also for documentaries.
• The Internet, which has many uses and presents both opportunities and challenges. Examples can include
Blogs and podcasts (such as news, music, pre-recorded speech, and video)
• Mobile phones, which can be used for rapid breaking news and short clips of entertainment like jokes,
horoscopes, alerts, games, music, and advertising
• Publishing, including electronic publishing
• Video games, which have developed into a mass form of media since cutting-edge devices such as the
PlayStation 3.

• History of the Print & Broadcast Media

• The print media has a relatively long history and its roots can be traced back to the 1400 before the advent
of printing technology, which permitted the printing of a large number of copies faster and at relatively little
expensive.
• 1n 1945 Johannes Gutenberg printed the first book on a printing press with movable type in 1453.
• This invention transformed the way the world received printed materials, although books remained too
expensive really to be called a mass-medium for at least a century after that.
• . During the 20th century, the growth of mass media was driven by technology, including that which allowed
much duplication of material.
• Physical duplication technologies such as printing, record pressing and film duplication allowed the
duplication of books, newspapers and movies at low prices to huge audiences.
• Radio and television allowed the electronic duplication of information for the first time.

• Purpose of the Media

• Media perform various services which include:
• Advocacy, both for business and social concerns. This can include advertising, marketing, propaganda,
public relations, and political communication.
• Entertainment traditionally through performances of acting, music, and sports, along with light reading;
since the late 20th century also through video and computer games.
• Public service announcements.

• Journalism
• Journalism is the discipline of collecting, analyzing, verifying and presenting information regarding current
events, issues and people.
• Those who practice journalism are known as journalists.

• Public Relations
• Public relations is the art and science of managing communication between an organization and its key
publics to build, manage and sustain its positive image.
• Examples include:
• Corporations use marketing public relations to convey information about the products they manufacture
or services they provide to potential customers to support their direct sales efforts. Typically, they support
sales in the short and long term, establishing and burnishing the corporation's branding for a strong,
ongoing market.

• Broadcast
• Broadcasting is the distribution of audio and/or video signals which transmit programs to an audience.
• Receiving parties may include the general public or a relatively large subset of the whole, such as children
or young adults.
• The sequencing of content in a broadcast is called a schedule.

• Television and radio programs are distributed through radio broadcasting over frequency bands that are
highly regulated by the Government or Agencies such as Zambia Information and Communications
Technology Authority (ZICTA), Independence Broadcasting Authority (IBA).
• Such regulation includes determination of the width of the bands, range, licencing, types of receivers and
transmitters used, and acceptable content.

• Cable programs are often broadcast simultaneously with radio and television programs, but have a more
limited audience.
• By coding signals and having decoding equipment in homes, cable also enables subscription-based channels
and pay-per-view services.

• A broadcasting organisation may broadcast several programs at the same time, through several channels
(frequencies), for example BBC One and Two.
• On the other hand, two or more organisations may share a channel and each use it during a fixed part of
the day.
• Digital radio and digital television may also transmit multiplexed programming, with several channels
compressed into one ensemble.
• Webcasting: When broadcasting is done via the Internet the term webcasting is often used.

• Internet
• The Internet (also known simply as "the Net" or less precisely as "the Web") is a more interactive medium
of mass media, and can be briefly described as "a network of networks".
• Specifically, it is the worldwide, publicly accessible network of interconnected computer networks that
transmit data by packet switching using the standard Internet Protocol (IP).
• It consists of millions of smaller domestic, academic, business, and governmental networks, which together
carry various information and services, such as electronic mail, online chat, file transfer, and the interlinked
Web pages and other documents of the World Wide Web.

• Contrary to some common usage, the Internet and the World Wide Web are not synonymous: the Internet
is the system of interconnected computer networks, linked by copper wires, fiber-optic cables, wireless
connections etc.; the Web is the contents, or the interconnected documents, linked by hyperlinks and URLs.
• The World Wide Web is accessible through the Internet, along with many other services including e-mail,
file sharing and others described below.

• The internet is quickly becoming the center of mass media. Everything is becoming accessible via the
internet.
• Instead of picking up a newspaper, or watching the 10 o'clock news, people will log onto the internet to
get the news they want, when they want it.
• Many workers listen to the radio through the internet while sitting at their desk. Games are played through
the internet.
• Blogs (Web Logs)
• Blogging has become a huge form of media. A blog is a website, usually maintained by an individual, with
regular entries of commentary, descriptions of events, or other material such as graphics or video.
• Entries are commonly displayed in reverse chronological order. Many blogs provide commentary or news
on a particular subject; others function as more personal online diaries.
• Mobile
• Mobile phones were introduced in Japan in 1979 but became a mass media only in 1998 when the first
downloadable ringing tones were introduced in Finland.
• Soon most forms of media content were introduced on mobile phones, and today the total value of media
consumed on mobile towers over that of internet content. The mobile media content includes music
(ringing tones, ringback tones, truetones, MP3 files, karaoke, music videos, music streaming services etc);
mobile gaming; and various news, entertainment and advertising services.
• Similar to the internet, mobile is also an interactive media, but has far wider reach, with 3.3 billion mobile
phone users at the end of 2007 to 1.3 billion internet users (source ITU).
• Like email on the internet, the top application on mobile is also a personal messaging service, but SMS text
messaging is used by over 2.4 billion people.
• Practically all internet services and applications exist or have similar cousins on mobile, from search to
multiplayer games to virtual worlds to blogs.
• Forms of Electronic Broadcasting
• Historically, there have been several different types of electronic broadcasting mediums:
• Telephone broadcasting (1881–1932): the earliest form of electronic broadcasting (not counting data
services offered by stock telegraph companies from 1867, if ticker-tapes are excluded from the definition).
• Telephone broadcasting began with the advent of Théâtrophone ("Theatre Phone") systems, which were
telephone-based distribution systems allowing subscribers to listen to live opera and theatre performances
over telephone lines, created by French inventor Clément Ader in 1881.
• Radio broadcasting (experimentally from 1906, commercially from 1920): radio broadcasting is an audio
(sound) broadcasting service, broadcast through the air as radio waves from a transmitter to an antenna
and, thus, to a receiving device.
• Stations can be linked in radio networks to broadcast common programming, either in syndication or
simulcast or both.
• Television broadcasting (experimentally from 1925, commercially from the 1930s): this video-programming
medium was long-awaited by the general public and rapidly rose to compete with its older radio-
broadcasting sibling.
• Cable radio (also called "cable FM", from 1928) and cable television (from 1932): both via coaxial cable,
serving principally as transmission mediums for programming produced at either radio or television
stations, with limited production of cable-dedicated programming.
• Satellite television (from circa 1974) and satellite radio (from circa 1990): meant for direct-to-home
broadcast programming (as opposed to studio network uplinks and downlinks), provides a mix of traditional
radio or television broadcast programming, or both, with satellite-dedicated programming.
• Webcasting of video/television (from circa 1993) and audio/radio (from circa 1994) streams: offers a mix of
traditional radio and television station broadcast programming with internet-dedicated webcast
programming.

• Economically there are a few ways in which stations are able to broadcast continually. Each differs in the
method by which stations are funded:
• in-kind donations of time and skills by volunteers (common with community broadcasters)
• direct government payments or operation of public broadcasters
• indirect government payments, such as radio and television licenses
• grants from foundations or business entities
• selling advertising or sponsorships
• public subscription or membership
• Publishing
• Publishing is the industry concerned with the production of literature or information – the activity of
making information available for public view. In some cases, authors may be their own publishers.
• Traditionally, the term refers to the distribution of printed works such as books and newspapers. With the
advent of digital information systems and the Internet, the scope of publishing has expanded to include
websites, blogs, and the like.

• As a business, publishing includes the development, marketing, production, and distribution of newspapers,
magazines, books, literary works, musical works, software, other works dealing with information.
• Publication is also important as a legal concept; (1) as the process of giving formal notice to the world of a
significant intention, for example, to marry or enter bankruptcy, and; (2) as the essential precondition of
being able to claim defamation; that is, the alleged libel must have been published.

• A book is a collection of sheets of paper, parchment or other material with a piece of text written on them,
bound together along one edge within covers.
• A book is also a literary work or a main division of such a work. A book produced in electronic format is
known as an e-book.

• Publishing
• Magazine
• A magazine is a periodical publication containing a variety of articles, generally financed by advertising
and/or purchase by readers.
• Magazines are typically published weekly, biweekly, monthly, bimonthly or quarterly, with a date on the
cover that is in advance of the date it is actually published. They are often printed in color on coated paper,
and are bound with a soft cover.

• Magazines fall into two broad categories: consumer magazines and business magazines.
• In practice, magazines are a subset of periodicals, distinct from those periodicals produced by scientific,
artistic, academic or special interest publishers which are subscription-only, more expensive, narrowly
limited in circulation, and often have little or no advertising.
• Magazines can be classified as:
• General interest magazines (e.g. Zambian Economist, Chengelo, etc)
• Special interest magazines (women's, sports, business, Nkhani, etc)

• Newspaper
• A newspaper is a publication containing news and information and advertising, usually printed on low-cost
paper called newsprint.
• It may be general or special interest, most often published daily or weekly.
• The first printed newspaper was published in 1605, and the form has thrived even in the face of competition
from technologies such as radio and television.
• Recent developments on the Internet are posing major threats to its business model, however.
• Paid circulation is declining in most countries, and advertising revenue, which makes up the bulk of a
newspaper's income, is shifting from print to online.

• THANKS

• UNIT 2: HISTORICAL BACKGROUND

• HISTORICAL BACKGROUND OF RADIO AND TELEVISION IN ZAMBIA 1941 –
2015 (ELECTRONIC MEDIA
• RADIO

• Zambia national Broadcasting Corporation is a Zambian state owned Radio and

Television station established by an Act of Parliament in 1987 which passed to
transform the Zambian broadcasting Services from being a government
department under the Ministry of Information, Broadcasting Services and
Tourism into a statutory body called the Zambia National Broadcasting
Corporation (ZNBC).
• It is the oldest, widest and largest radio and television service provider in the
country, having been started in 1941 as a communication centre for the colonial
army of the then Northern Rhodesia during the World War II from 1939 to 1945.
• Harry Franklyn the then Director of information in the Northern Rhodesia
government established a small radio station in Lusaka. This information
department was situated in Lusaka along Queen Mary Avenue now Haile
Selassie near the City Airport where Ndeke House stands now. It was later
developed into a radio station with the main purpose of broadcasting news and
messages on the World War II to the families of the then Northern Rhodesia
regiment based in Kenya and Malaysia. Most African listeners used a simple
receiver known as the Saucepan Radio.

• In 1953 the Federation of Rhodesia and Nyasaland came into being and in 1958 a new broadcasting of
Rhodesia and Nyasaland came into being and in 1958 a new broadcasting of Rhodesia and Nyasaland was
founded with the headquarters in Salisbury Southern Rhodesia (now Harare, Zimbabwe).
• The Federation of Rhodesia and Nyasaland ended in 1963 when Malawi and Zambia were granted
independence respectively. The radio station in Lusaka was now known as Zambia Broadcasting
Corporation until 1966 when it changed to Zambia Broadcasting Services (ZBS). The station was again
changed to the present Zambia National Broadcasting Corporation under the Ministry of Information and
Broadcasting at the end of 1988.

• TELEVISION
• Television
• The first television station in Zambia was set up in Kitwe on the Copperbelt in
1961 and it was owned by the Northern Rhodesia Television Limited, a private
company based in Salisbury (Harare) Zimbabwe.
• The television was located on the Copperbelt purely to entertain Europeans who
were in large numbers working on the mines. After Zambia got independence in
1964, the second television station was opened in Lusaka along Independence
Avenue in 1965.
• Mr Alick Nkhata was the first black Zambian to be appointed the Director of
Zambia Broadcasting Services. Some of the radio and television personalities
before and after independence include: Alick Nkhata, Saboi Sishimba, Bruno
Mwweene, Agness Morton, Louis Chikomo, Edmond Kabwe, Emmanuel
 Mulemena, Charles Muyambwa, Charles Mano, Frank Mutubila, David Yumba,
Martin Luo, Kalioti, Jean Richards, Dennis Liwewe, Kenneth Chibesa Kunda,
Neb Jere, Len Miles, Cosmo Mulongoti, Mateo Phiri, Manaseh Phiri, Festus
Siliya, Mary Kaona, Tasker Mulayantanda, Emelda Yumbe, etc
• NEW PRIVATE RADIO AND TELEVISION
• New private Radio and Television Stations increased The development of the Media industry in Zambia
has for the past 2224 years (since 1991) has been spreading like bush fire. The electronic industry which
was dominated by the public media and the Zambia National broadcasting Corporation (ZNBC) is now
diverse. Thanks to government’s policy of liberalization of the industry. In the broadcasting sector the
airwaves are no longer a preserve of ZNBC. Since the government liberalized the airwaves in 1991, 78
private owned radio stations and 12 television stations have opened up all over the country, giving the
listeners and viewers a wide choice of selection. The 1st Christian Voice which opened on 1st December
1994 in Lusaka then Radio Icengelo – Copperbelt, Radio Phoenix – Lusaka in 1996. Others are Muvi
television – Lusaka, Prime TV – Lusaka, CBC TV – Lusaka and Mobi TV - Lusaka. In conclusion, all our ten
provincial towns in Zambia have now managed to set up one or two community radio and television
stations. For example; radio Chikuni – Chisekesi, radio Mazabuka in Southern province, radio Maria,
Breeze FM, and radio Chikaya – Lundazi _ Eastern province, radio Iyambai – Western province, Kasempa
FM – North Western, Mkushi FM – Serenje – Central province, et
• SOURCES
• A source can be defined as someone or something that provides information. Sources of this information
can be: Ordinary people Government officials (Institutions spokesperson). Internet, Newspaper Newsletter
, Letters ,Books , Files , Films Tapes research materials among others
• CLASSIFICATION OF SOURCES

• 1.Primary source
• A primary source is one who is at the center of an event or an issue. They are
basically the best sources of information about their parts of what happened.
Primary sources should be able to give accurate details and supply strong
comments. It is however, important to double check the facts with other
sources. Reporters that is to say other journalists may also be a source of
information. These can be employed by the organisation to gather information
on before of the organisation or they can be Freelancers. It is also important to
double check information supplied by reporters with media houses.

• SECONDARY SOURCES

• 2. Secondary Sources
• Secondary sources are not very reliable source of information. These could be
eye witnesses. Eye witnesses could have been present and seen an event take
place but can’t be accurate in passing on the information as they are not
trained. A journalist should be able to assess the information given by a
secondary source and if possible tell your readers or listeners were you got the
information from. It is also important to note that if defamatory information is
given for using such information as you are responsible with your editors to
decide whether to publish the defamatory material or not. Tip-off are instances
were individuals occasionally call with stories called tip-off story but refuse to
give their name. These are said to be anonymous meaning no name. These are
 the most dangerous source of information and should be used with extreme
caution.

• Protection of both journalists and sources of information is one basic condition

of freedom of press. Article 20 of the Zambian Constitution provides for the
protection of the freedom of speech and expression. Protection can also be
referred as confidentiality which comes from a French word trust. When a
journalist is given information in confidence, this means that you promise that
you will not tell anyone where you got it from. Confidentiality prohibits
authorities including courts of law compelling a journalist to reveal the identity
of the anonymous source for a story.
• The right is based on the recognition that without a strong guarantee of
anonymity many would be deterred from coming forward and sharing
information of public interest with journalist and most crimes would go
undetected such as corruption.
• In the case of Goodwin v United Kingdom it was held that an attempt to force a
journalist to reveal his source for a news story violated his right to receive and
impart information and hence hindering on the right to freedom of expression.
• It is also considered that orders to disclose sources also reduce the flow of information to the detriment of
democracy and thus, only justifiable in every exceptional cases. This right is to protect sources is widely
recognized by international bodies such as the International Convention on Civil and Political rights and the
African Charter on Human and Peoples Rights. In the concluding document of the Vienna follow up meeting
of 1986 – 1989, journalists…. Are free to seek access to and to maintain contacts with public and private
sources of information and that their need for professional confidentiality is respected.
• This right is protected even under International Law. The right to confidentiality is not an absolute one.
Exceptions to this right is information that boarders on public interest. The interest to reveal a source should
be balanced against the harm of ordering the disclosure to freedom of expression. It should be noted
however that power to order disclosure of a source identity should be exercised exclusively by the courts
of law. Courts should not order disclosure of sources identity in the context of a defamation case, disclosure
should be limited as far as possible only to persons seeking disclosure and not the general public. Any
sanctions against a journalist who refuses to disclose the identity of his sources should be applied by a
impartial court after a fair trial and, should be subject to appeal to a Higher court

• UNIT 3: PRINT MEDIA AND BROADCASTING REGULATION

• STRUCTURE OF THE PRESENTATION

• Introduction
• Print Media Regulation
• Public Service Broadcasting (ZNBC Act)
• Private Television Broadcasting (IBA Act)
• Zambia Information and Communications Authority

• Introduction
• In Zambia both the print media, that is newspapers, magazines, and books, and broadcasting are subject to
registration or licensing system.
• While both the print media and broadcasting are subject to regulation, the broadcasting is subjected to
more restrictions or regulations by the law in terms of licences, programme regulation.
• Regulation of Print Media
• Registration of Newspapers
• The print media is regulated by the Printed Publications Act, Chapter 161 of the Laws of Zambia.
• The purpose of the Printed Publications Act is to provide for the registration of newspapers; the printing
and publication of books and the preservation of printed works published in Zambia, as well as matters
incidental to or connected with the foregoing.
• Regulation of Print Media
• Section 2 of the Printed Publications Act defines a “book” as any non-periodical publication including “every
part or division of a book, pamphlet, newspaper, sheet of letterpress, sheet of music, map, plan, chart or
table separately published”.
• The Printed Publications Act also defines the term “newspaper” as any periodical publication published at
intervals of not more than one month and consisting wholly, or for the greater part, of political or other
news, or of articles relating thereto, or to other current topics, with or without advertisements, and with
or without illustrations, but does not include any publication which is proved not to be intended for public
sale or public dissemination.”
• Section 2 of the Printed Publications Act further defines the term “editor” as including “the person or
persons actually and finally responsible for the collation or inclusion in any newspaper of the contents
thereof, whether such person or persons are expressly employed for such purposes or not”.
• The Act makes it illegal and a finable offence for anyone to publish a newspaper or periodical without
first registering it with the Director of the National Archives.
• Thus section 5(1) of the Printed Publications Act provides:
• “No person shall print or publish, or cause to be printed or published, any newspaper until these have
been registered at the office of the Director at Lusaka the full and correct title thereof and the full and
correct names and places of abode of every person who is or is intended to be the proprietor, editor,
printer or publisher of such newspaper, and the description of the premises where the same is to be
published. Every alteration in such particulars shall forthwith be registered in like manner.”
• (2) Any person who contravenes the provisions of this section shall be guilty of an offence and liable to a
fine not exceeding three thousand penalty units.
• Imprint on Books
• In case of books published in Zambia the Printed Publications Act requires every book published and printed
in Zambia to bear an imprint in the appropriate place of the publication.
• The imprint must give a record of
• the full and correct name of the printer and the place where the book was printed;
• the full and correct name of the publisher and his place of business; and
• the year of publication. (see section 3 of the Act)
• The imprint details are usually printed on the copyright page, the reverse side of the title page of a book.

• The penalty for failing to comply with or ignoring or flouting this requirement is a fine or, in default, a jail
sentence.
• Thus section 3(2) of the Act provides:
• “Any person who knowingly and wilfully prints or publishes, or causes to be printed or published, any
book not containing the particulars required by this section shall be guilty of an offence and liable to a
fine not exceeding seven hundred and fifty penalty units, and, in default of payment of such fine, to
imprisonment not exceeding one month.”
• Delivery of Books and Newspapers to National Archives
• The Printed Publications Act requires all publishers of books in Zambia to deliver at least one copy of each
and every book they publish to the Director of National Archives in Lusaka within two months of publication
for preservation as public records.
• The Director of the National Archives must issue a receipt as evidence that he has received the number of
copies transmitted of the publication in question.
• Failure to deliver the required number of copies is an offence which attracts a fine not exceeding six hundred
penalty units.
• Section 4 of the Printed Publications Act provides:
• “(1) The publisher of every book published in Zambia shall, within two months of the publication, deliver
at his own expense a copy of the book to the Director at Lusaka, who shall give a written receipt for every
copy received by him.
• (3) If any publisher fails to comply with the provisions of this section, he shall be guilty of an offence and
liable to a fine not exceeding six hundred penalty units. When any person is convicted of such offence, the
court may, in addition to imposing a penalty, order the person so convicted to comply with the provisions
of this section by delivering a copy of the book to the authority to whom delivery ought to have been made.

• The court may, instead of making such order, impose a further fine not exceeding the amount of the
published price of the book.
• (4) The provisions of this section shall not apply to any second or subsequent edition of a book unless such
edition contains additions or alterations either in the letterpress or in the maps, prints or other illustrative
material belonging thereto.”
• The Printed Publications Rules made in terms of section 4 of the Act exempt the following printed materials
from delivery to the National Archives:
o Publications wholly in the nature of trade advertisements, cards, catalogues, circulars, coupons,
designs, forms, labels, leaflets, plans, posters, price lists, prospectuses, show cards, wrappers and
similar publications purely in the nature of trade advertisements.
o Publications wholly in the nature of time-tables or rate tariffs of transport services.
o Publications wholly in the nature of calendars.
o Publications wholly in the nature of blank forms of accounts, or blank forms of receipts, or other
blank forms of a similar character.
o Wall sheets printed with alphabets, mottoes, religious texts or other matter for the purpose of
elementary instruction.

•
Public Service Broadcasting

• The television broadcasting in Zambia dates back to 1961 and was operated by a private company.
• In 1966, shortly after Zambia attained independence, the television broadcasting fell directly into the hands
of the Government as the Zambia Broadcasting Services (ZBS).
• In 1987 the Parliament passed an Act known as the Zambia National Broadcasting Corporation Act (ZNBC)
which constituted ZNBC as a statutory body corporate.

• The ZNBC became operational on April 1, 1988, and its operation was partially de-linked from the
Government.
• Under the 1987 ZNBC Act, the operations of ZNBC were controlled by a Board of directors appointed by the
Minister of Information and Broadcasting Services.
• The head of ZNBC was appointed by the board with the approval of the Minister.
• Furthermore, under the Act the Minister an not the board determined the policy of ZNBC.
• In 2002 the ZNBC Act of 1987 was repealed and replaced by the ZNBC Act of 2002.
• The Act defines “ broadcasting service ” as
• in relation to radio broadcasting, transmitting sound, otherwise than as part of a television broadcast,
for reception by the general public by means of radio receivers; and
• in relation to television broadcasting, transmitting wireless or cable television for reception by the
general public by means of television receivers;

• The Act further defines “ broadcaster ” as

• the corporation; or
• a person licensed to carry out a broadcasting service;
• “ broadcasting station ” includes all the premises howsoever, including motor vehicles used for the purpose
of carrying on a broadcasting service together with the transmitters, apparatus and equipment required in
connection therewith;
•
• The purpose or objects of the ZNBC Act of 2002 were:
• to provide for the continued existence of the Zambia National Broadcasting Corporation and to define
its functions;
• to repeal and replace the Zambia National Broadcasting Act, 1987; and
• (c ) to provide for matters connected with or incidental to the foregoing.

• Section 3 of the ZNBC Act, 2002 provides for the continues existence of ZNBC and that it shall be a public
broadcaster.
• Functions
• Section 4 of the said Act provides for functions of ZNBC:
• to provide varied and balanced programming for all sections of the population;
• serve the public interest;
• (c ) meet high professional quality standards;
• (g) offer programmes that provide information, entertainment and education;
• contribute to the development of free and informed opinion and, as such, constitute an important
element of the democratic process;
• reflect, as comprehensively as possible, the range of opinions and of political, philosophical, religious,
scientific and artistic trends;
• reflect and promote Zambia’s national culture, diversity and unity;

• respect human dignity and human rights and freedoms, and contribute to the tolerance of different
opinions and beliefs;
• further international understanding and the public’s sense of peace and social justice, defend democratic
freedoms, serve the protection of the environment, contribute to the realisation of equal treatment
between men and women;

• broadcast news and current affairs programmes which must be comprehensive, unbiased and
independent, as well as commentary which shall be clearly distinguished from news;
• promote productions of Zambian origin; and
• (h) to carry on or operate such other services including diffusion services and undertakings as in the
opinion of the Board, are conducive to the exercise of its functions under the Act.
•

• Powers of the ZNBC

• Section 5 of the ZNBC Act, 2002 provides the Corporation shall have power, subject to the provisions of this
Act, to do all such matters and things as may reasonably be necessary or expedient to carry out its functions
under this Act.
• The Corporation may for the purposes of this Act do the following:

• establish, instal, erect, alter, reconstruct, operate, and maintain broadcasting studios, transmitters, relay
stations and microwave facilities;
• to introduce such number of radio and television broadcasting stations and channels as the Authority
may approve;
• (c ) to determine, subject to the direction of the Board, the programme policy for the Corporation;

• act in combination or association with any other person or body, whether incorporated or not, and
whether in Zambia or elsewhere, for any of the purposes authorised by this Act;
• to develop and make available radio and television broadcasting services throughout Zambia by the most
appropriate and efficient means and as resources become available for the purpose;
• subject to the directions of the Board, to carry on broadcasting services for such purposes as the Board
may specify for reception by listeners outside Zambia; and
• to implement the editorial policies of the Corporation and maintain editorial independence.
• Constitution of the Board of ZNBC
• Section 6 of the Act provides for the constitution of the ZNBC Board which shall consist of seven-part-time
members who shall be appointed by the National Assembly on the recommendation of the
“appointments committee.”
• However, by the ZNBC (Amendment) Act No. 16 of 2010 the Board Members are now to be appointed by
the National Assembly on the recommendation by the “Minister.”

• The Board shall elect a Chairperson and a Vice-Chairperson from among its members and shall notify the
National Assembly of the election.
• No person shall be appointed to or continue to hold office on the Board if that person—
• is not a citizen of Zambia;
• is not permanently resident in Zambia;

• (c ) is a public servant or a holder of any other remunerated position under the state;
• is a member of Parliament, district, municipal or city council;
• is an office-bearer or employee of any political party; and
• is a director or has direct or indirect financial interest in the broadcasting industry.
•

• Members of the board do not represent the legal or natural persons who have nominated them, and they
perform their duty independently according to their own knowledge and consciousness, in accordance with
this Act.
• The Board shall be the governing body of the Corporation and shall have power to ensure that the
Corporation is managed efficiently and to perform the functions conferred on the Corporation by this Act.

• The Board may, either generally or in any particular case, delegate in writing to the Director-General or to
any Committee of the Board any of its functions under this Act.
• The National Assembly may give to the Board such general or specific directions, with respect to the carrying
out of the functions of the Corporation under this Act, as the National Assembly may consider necessary
and the Board shall give effect to such directions.

• Appointment of Director-General (s.8)

• The Board shall appoint the Director-General on such terms and conditions as the Board may determine.
• The Director-General shall be the Chief Executive officer of the Corporation, and shall be responsible for the
management of the affairs of the Corporation in accordance with the policies and directions of the Board
• The Director-General shall be the Secretary of the Board.
• The Board shall appoint, on such terms and conditions as the Board may determine, such other staff of the
Corporation as it considers necessary for the performance of the functions of the Corporation under this
Act.
• Independent Broadcasting Authority Act, No. 17 of 2002
• The IBA Act provides for the existence or establishment of private broadcasting companies including
community broadcasting.
• The purpose or object of the Act is:
• 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.
• The IBA Act defines broadcast as “ broadcasting ” means the distribution of television or radio, by means of
terrestrial or satellite transmitter received on suitable apparatus by the public.
• The IBA Act defines “ community broadcasting ” means a broadcasting service which
• is fully controlled by a non-profit entity and carried on for non-profitable purposes;
• serves a particular community;
• 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
• may be funded by donations, grants, sponsorship or advertising or membership fees, or by a combination
of any of them;
• The IBA defines “ commercial broadcasting ” means a broadcasting service operated for profit and
controlled by a person who is not a public or community broadcaster;
• Section 4 of the IBA Act establishes 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.
• Functions of the IBA
• Section 5 of the IBA provides that 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.
• Without prejudice to the generality of the above the functions of the Authority shall be:
• to promote a pluralistic and diverse broadcasting industry in Zambia;
• to establish guidelines —
• 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;
• for the issuing of licences, giving due regard to the need to discourage monopolies in the industry in
accordance with the Competition and Fair Trading Act;
• on the required levels of local content and other issues that are relevant for a pluralistic and diverse
broadcasting industry;
• 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;
• to grant, renew, suspend and cancel licences and frequencies for broadcasting and diffusion services in an
open and transparent manner;
• to enforce the compliance of broadcasting and diffusion services with the conditions of the licences issued
under this Act;
• to issue to any or all broadcasters, advisory opinions relating to broadcasting standards and ethical conduct
in broadcasting;
• to oblige broadcasters to develop codes of practice and monitor compliance with those codes;
• to develop program standards relating to broadcasting in Zambia and to monitor and enforce compliance
with those standards;
• to receive, investigate and decide on complaints concerning broadcasting services including public
broadcasting services;
• to develop regulations in regard to advertising, sponsorship, local content, and media diversity and
ownership;
• to perform such other functions as may be conferred on it by this or any other Act; and
• to do all such other acts and things as are connected with or incidental to the functions of the Authority
under this Act.
• In performing its functions except as otherwise provided in this Act, the Authority shall not be subject to
the direction of any other person or authority.
• IBA Board
• Section 7 of the Act constitutes the Independent Broadcasting Authority Board which shall, subject to the
provisions of this Act, perform the functions of the Authority under this Act.
• The Board shall consist of nine part-time members appointed by the Minister, on the recommendation of
the appointments committee, subject to ratification by the National Assembly.
• 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.
• The Chairperson and the Vice-Chairperson shall be elected by the members from amongst themselves.
• A person shall not be appointed as a member of the Board if that person —
o is not a citizen of Zambia;
o is not permanently resident in Zambia;
• (c ) is a member of Parliament or local authority;
o is an office-bearer or employee of any political party;
o is a director or has direct or indirect financial interest in the broadcasting industry; or
o 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
licence within twelve months of ceasing to be a member of the Board.
• Section 17 of the Act provides for the appoint the Director-General by the Board on such terms and
conditions as the Board may, with the approval of the Minister, determine.
• 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.
• The Director-General shall be the Secretary to the Board.
• 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.

• THANK YOU

• UNIT 3: PRINT MEDIA AND BROADCASTING REGULATION

• Print Media Regulation

• Public Service Broadcasting (ZNBC Act)
• Private Television Broadcasting (IBA Act)
• Zambia Information and Communications Authority

• Introduction
• In Zambia both the print media, that is newspapers, magazines, and books, and broadcasting are subject to
registration or licensing system.
• While both the print media and broadcasting are subject to regulation, the broadcasting is subjected to
more restrictions or regulations by the law in terms of licences, programme regulation.
• Regulation of Print Media
• Registration of Newspapers
• The print media is regulated by the Printed Publications Act, Chapter 161 of the Laws of Zambia.
• The purpose of the Printed Publications Act is to provide for the registration of newspapers; the printing
and publication of books and the preservation of printed works published in Zambia, as well as matters
incidental to or connected with the foregoing.
• Section 2 of the Printed Publications Act defines a “book” as any non-periodical publication including “every
part or division of a book, pamphlet, newspaper, sheet of letterpress, sheet of music, map, plan, chart or
table separately published”.
• The Printed Publications Act also defines the term “newspaper” as any periodical publication published at
intervals of not more than one month and consisting wholly, or for the greater part, of political or other
news, or of articles relating thereto, or to other current topics, with or without advertisements, and with
or without illustrations, but does not include any publication which is proved not to be intended for public
sale or public dissemination.”

• Section 2 of the Printed Publications Act further defines the term “editor” as including “the person or
persons actually and finally responsible for the collation or inclusion in any newspaper of the contents
thereof, whether such person or persons are expressly employed for such purposes or not”.
• The Act makes it illegal and a finable offence for anyone to publish a newspaper or periodical without
first registering it with the Director of the National Archives.
• Thus section 5(1) of the Printed Publications Act provides:
• “No person shall print or publish, or cause to be printed or published, any newspaper until these have
been registered at the office of the Director at Lusaka the full and correct title thereof and the full and
correct names and places of abode of every person who is or is intended to be the proprietor, editor,
printer or publisher of such newspaper, and the description of the premises where the same is to be
published. Every alteration in such particulars shall forthwith be registered in like manner.”

• (2) Any person who contravenes the provisions of this section shall be guilty of an offence and liable to a
fine not exceeding three thousand penalty units.
• Imprint on Books
• In case of books published in Zambia the Printed Publications Act requires every book published and printed
in Zambia to bear an imprint in the appropriate place of the publication.
• The imprint must give a record of
• the full and correct name of the printer and the place where the book was printed;
• the full and correct name of the publisher and his place of business; and
• the year of publication. (see section 3 of the Act)
• The imprint details are usually printed on the copyright page, the reverse side of the title page of a book.
• The penalty for failing to comply with or ignoring or flouting this requirement is a fine or, in default, a jail
sentence.
• Thus section 3(2) of the Act provides:
• “Any person who knowingly and wilfully prints or publishes, or causes to be printed or published, any
book not containing the particulars required by this section shall be guilty of an offence and liable to a
fine not exceeding seven hundred and fifty penalty units, and, in default of payment of such fine, to
imprisonment not exceeding one month.”
•
• Delivery of Books and Newspapers to National Archives
• The Printed Publications Act requires all publishers of books in Zambia to deliver at least one copy of each
and every book they publish to the Director of National Archives in Lusaka within two months of publication
for preservation as public records.
• The Director of the National Archives must issue a receipt as evidence that he has received the number of
copies transmitted of the publication in question.
• Failure to deliver the required number of copies is an offence which attracts a fine not exceeding six hundred
penalty units.
• Section 4 of the Printed Publications Act provides:
• “(1) The publisher of every book published in Zambia shall, within two months of the publication, deliver
at his own expense a copy of the book to the Director at Lusaka, who shall give a written receipt for every
copy received by him.
• (3) If any publisher fails to comply with the provisions of this section, he shall be guilty of an offence and
liable to a fine not exceeding six hundred penalty units. When any person is convicted of such offence, the
court may, in addition to imposing a penalty, order the person so convicted to comply with the provisions
of this section by delivering a copy of the book to the authority to whom delivery ought to have been made.

• The court may, instead of making such order, impose a further fine not exceeding the amount of the
published price of the book.
• (4) The provisions of this section shall not apply to any second or subsequent edition of a book unless such
edition contains additions or alterations either in the letterpress or in the maps, prints or other illustrative
material belonging thereto.”

• The Printed Publications Rules made in terms of section 4 of the Act exempt the following printed materials
from delivery to the National Archives:
o Publications wholly in the nature of trade advertisements, cards, catalogues, circulars, coupons,
designs, forms, labels, leaflets, plans, posters, price lists, prospectuses, show cards, wrappers and
similar publications purely in the nature of trade advertisements.
o Publications wholly in the nature of time-tables or rate tariffs of transport services.
o Publications wholly in the nature of calendars.
o Publications wholly in the nature of blank forms of accounts, or blank forms of receipts, or other
blank forms of a similar character.
o Wall sheets printed with alphabets, mottoes, religious texts or other matter for the purpose of
elementary instruction.

•
Public Service Broadcasting

• The television broadcasting in Zambia dates back to 1961 and was operated by a private company.
• In 1966, shortly after Zambia attained independence, the television broadcasting fell directly into the hands
of the Government as the Zambia Broadcasting Services (ZBS).
• In 1987 the Parliament passed an Act known as the Zambia National Broadcasting Corporation Act (ZNBC)
which constituted ZNBC as a statutory body corporate.
•

• The ZNBC became operational on April 1, 1988, and its operation was partially de-linked from the
Government.
• Under the 1987 ZNBC Act, the operations of ZNBC were controlled by a Board of directors appointed by the
Minister of Information and Broadcasting Services.
• The head of ZNBC was appointed by the board with the approval of the Minister.
• Furthermore, under the Act the Minister an not the board determined the policy of ZNBC.
•

• In 2002 the ZNBC Act of 1987 was repealed and replaced by the ZNBC Act of 2002.
• The Act defines “ broadcasting service ” as
• in relation to radio broadcasting, transmitting sound, otherwise than as part of a television broadcast,
for reception by the general public by means of radio receivers; and
• in relation to television broadcasting, transmitting wireless or cable television for reception by the
general public by means of television receivers;
•

• The Act further defines “ broadcaster ” as

• the corporation; or
• a person licensed to carry out a broadcasting service;
• “ broadcasting station ” includes all the premises howsoever, including motor vehicles used for the purpose
of carrying on a broadcasting service together with the transmitters, apparatus and equipment required in
connection therewith;

• The purpose or objects of the ZNBC Act of 2002 were:

• to provide for the continued existence of the Zambia National Broadcasting Corporation and to define
its functions;
• to repeal and replace the Zambia National Broadcasting Act, 1987; and
• (c ) to provide for matters connected with or incidental to the foregoing.

• Section 3 of the ZNBC Act, 2002 provides for the continues existence of ZNBC and that it shall be a public
broadcaster.
• Functions
• Section 4 of the said Act provides for functions of ZNBC:
• to provide varied and balanced programming for all sections of the population;
• serve the public interest;
• (c ) meet high professional quality standards;
•
Public Service Broadcasting

o offer programmes that provide information, entertainment and education;

• contribute to the development of free and informed opinion and, as such, constitute an important
element of the democratic process;
• reflect, as comprehensively as possible, the range of opinions and of political, philosophical, religious,
scientific and artistic trends;
• reflect and promote Zambia’s national culture, diversity and unity;
•

• respect human dignity and human rights and freedoms, and contribute to the tolerance of different
opinions and beliefs;
• further international understanding and the public’s sense of peace and social justice, defend democratic
freedoms, serve the protection of the environment, contribute to the realisation of equal treatment
between men and women;

• broadcast news and current affairs programmes which must be comprehensive, unbiased and
independent, as well as commentary which shall be clearly distinguished from news;
• promote productions of Zambian origin; and
o to carry on or operate such other services including diffusion services and undertakings as in the
opinion of the Board, are conducive to the exercise of its functions under the Act.
•
• Powers of the ZNBC
• Section 5 of the ZNBC Act, 2002 provides the Corporation shall have power, subject to the provisions of this
Act, to do all such matters and things as may reasonably be necessary or expedient to carry out its functions
under this Act.
• The Corporation may for the purposes of this Act do the following:
•

• establish, instal, erect, alter, reconstruct, operate, and maintain broadcasting studios, transmitters, relay
stations and microwave facilities;
• to introduce such number of radio and television broadcasting stations and channels as the Authority
may approve;
• (c ) to determine, subject to the direction of the Board, the programme policy for the Corporation;
•

• act in combination or association with any other person or body, whether incorporated or not, and
whether in Zambia or elsewhere, for any of the purposes authorised by this Act;
• to develop and make available radio and television broadcasting services throughout Zambia by the most
appropriate and efficient means and as resources become available for the purpose;
•

• subject to the directions of the Board, to carry on broadcasting services for such purposes as the Board
may specify for reception by listeners outside Zambia; and
• to implement the editorial policies of the Corporation and maintain editorial independence.
•

• Constitution of the Board of ZNBC

• Section 6 of the Act provides for the constitution of the ZNBC Board which shall consist of seven-part-time
members who shall be appointed by the National Assembly on the recommendation of the
“appointments committee.”
• However, by the ZNBC (Amendment) Act No. 16 of 2010 the Board Members are now to be appointed by
the National Assembly on the recommendation by the “Minister.”

• The Board shall elect a Chairperson and a Vice-Chairperson from among its members and shall notify the
National Assembly of the election.
• No person shall be appointed to or continue to hold office on the Board if that person—
• is not a citizen of Zambia;
• is not permanently resident in Zambia;
• (c ) is a public servant or a holder of any other remunerated position under the state;
• is a member of Parliament, district, municipal or city council;
• is an office-bearer or employee of any political party; and
• is a director or has direct or indirect financial interest in the broadcasting industry.
•
• Members of the board do not represent the legal or natural persons who have nominated them, and they
perform their duty independently according to their own knowledge and consciousness, in accordance with
this Act.
• The Board shall be the governing body of the Corporation and shall have power to ensure that the
Corporation is managed efficiently and to perform the functions conferred on the Corporation by this Act.
•

• The Board may, either generally or in any particular case, delegate in writing to the Director-General or to
any Committee of the Board any of its functions under this Act.
• The National Assembly may give to the Board such general or specific directions, with respect to the carrying
out of the functions of the Corporation under this Act, as the National Assembly may consider necessary
and the Board shall give effect to such directions.
•

• Appointment of Director-General (s.8)

• The Board shall appoint the Director-General on such terms and conditions as the Board may determine.
• The Director-General shall be the Chief Executive officer of the Corporation, and shall be responsible for the
management of the affairs of the Corporation in accordance with the policies and directions of the Board
•
Public Service Broadcasting

• The Director-General shall be the Secretary of the Board.

• The Board shall appoint, on such terms and conditions as the Board may determine, such other staff of the
Corporation as it considers necessary for the performance of the functions of the Corporation under this
Act.
• Independent Broadcasting Authority Act, No. 17 of 2002
• The IBA Act provides for the existence or establishment of private broadcasting companies including
community broadcasting.
• The purpose or object of the Act is:
• 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.
• Independent Broadcasting Authority Act, No. 17 of 2002
• The IBA Act defines broadcast as “ broadcasting ” means the distribution of television or radio, by means of
terrestrial or satellite transmitter received on suitable apparatus by the public.
• The IBA Act defines “ community broadcasting ” means a broadcasting service which
• is fully controlled by a non-profit entity and carried on for non-profitable purposes;
• serves a particular community;
• 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
• may be funded by donations, grants, sponsorship or advertising or membership fees, or by a combination
of any of them;
• The IBA defines “ commercial broadcasting ” means a broadcasting service operated for profit and
controlled by a person who is not a public or community broadcaster;
• Section 4 of the IBA Act establishes 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.
• Functions of the IBA
• Section 5 of the IBA provides that 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.
• Without prejudice to the generality of the above the functions of the Authority shall be:
• to promote a pluralistic and diverse broadcasting industry in Zambia;
• to establish guidelines —
o 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 licences, giving due regard to the need to discourage monopolies in the industry in
accordance with the Competition and Fair Trading Act;
• on the required levels of local content and other issues that are relevant for a pluralistic and diverse
broadcasting industry;
• 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;
• to grant, renew, suspend and cancel licences and frequencies for broadcasting and diffusion services in an
open and transparent manner;
• to enforce the compliance of broadcasting and diffusion services with the conditions of the licences issued
under this Act;
• to issue to any or all broadcasters, advisory opinions relating to broadcasting standards and ethical conduct
in broadcasting;
• to oblige broadcasters to develop codes of practice and monitor compliance with those codes;
• to develop program standards relating to broadcasting in Zambia and to monitor and enforce compliance
with those standards;
• to receive, investigate and decide on complaints concerning broadcasting services including public
broadcasting services;
• to develop regulations in regard to advertising, sponsorship, local content, and media diversity and
ownership;
• to perform such other functions as may be conferred on it by this or any other Act; and
• to do all such other acts and things as are connected with or incidental to the functions of the Authority
under this Act.
• In performing its functions except as otherwise provided in this Act, the Authority shall not be subject to
the direction of any other person or authority.
• IBA Board
• Section 7 of the Act constitutes the Independent Broadcasting Authority Board which shall, subject to the
provisions of this Act, perform the functions of the Authority under this Act.
• The Board shall consist of nine part-time members appointed by the Minister, on the recommendation of
the appointments committee, subject to ratification by the National Assembly.
• 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.
• The Chairperson and the Vice-Chairperson shall be elected by the members from amongst themselves.

• A person shall not be appointed as a member of the Board if that person —

o is not a citizen of Zambia;
o is not permanently resident in Zambia;
• (c ) is a member of Parliament or local authority;
o is an office-bearer or employee of any political party;
o is a director or has direct or indirect financial interest in the broadcasting industry; or
o 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
licence within twelve months of ceasing to be a member of the Board.
• Section 17 of the Act provides for the appoint the Director-General by the Board on such terms and
conditions as the Board may, with the approval of the Minister, determine.
• 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.

• The Director-General shall be the Secretary to the Board.

• 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.

• THANK YOU

• UNIT 4: PROGRAMME REGULATION

• STRUCTURE OF THE PRESENTATION

• Introduction
• Broadcasting Services
• Broadcasting Licences
• Programme Standards
• Complaints Relating to Broadcasting Services
• Programme Standards in Respect of ZNBC
• Complaints in Respect of ZNBC
• Radio Programme Licences
• Introduction
• Broadcasting in Zambia is regulated under the three Acts of Parliament namely:
• Zambia National Broadcasting Services Act, 2002
• Zambia National Broadcasting Services (Amendment) Act, 2010
• Independent Broadcasting Authority Act, No. 17 of 2002
• Information and Communication Technologies Act, No. 15 of 2009.
• Introduction
• The three institutions that are involved in the regulation of broadcasting are:
• Independent Broadcasting Authority
• ZNBC Board / Ministry of Information and Broadcasting Services ( for Public broadcasting service)
• Zambia Information and Communication Technology Authority (for radio communication).
• Broadcasting Services (under IBA)
• The IBA Act defines broadcasting as “the distribution of television or radio, by means of terrestrial or
satellite transmitter received on suitable apparatus by the public.
• Section 19 of the IBA act prohibits the provision of broadcasting services without a broadcasting licence.
• Section 19(1) provides that “subject to the provisions of this Act, no person shall operate or provide a
broadcasting service in Zambia other than in accordance with the terms and conditions of a licence issued
by the Authority and on payment of such fees as the Minister may, on the recommendation of the
Authority, prescribe.”

• There are a number of broadcasting licences which may be issued by the Authority namely:
• Commercial broadcasting licence
• Community broadcasting licence
• Religious Broadcasting Licence,
• Subscription or Public broadcasting licence
• Broadcasting Services (under IBA)
• However,
• a political party or organisation or a legal entity founded by a political party or organisation shall not qualify
to hold a broadcasting licence; and
• a person who is not a citizen of Zambia shall not qualify to hold a broadcasting licence.
• “ citizen of Zambia ” in relation to a body corporate means a company in which not less than seventy five
percent of shares are held by citizens of Zambia.
• Broadcasting Services (under IBA)
• A broadcasting licence granted by the IBA authorises the licensee to provide any of the following classes of
broadcasting services:
• a public broadcasting service;
• a commercial broadcasting service;
• a community and religious broadcasting service; or
• a subscription broadcasting service.
• The Minister may, in consultation with the Authority, by Statutory instrument, exempt any person,
institution or organisation from any of the provisions of this section.
• Application for Broadcasting Licence
• Section 20(1) of the IBA Act provides that ‘the Authority shall, if it determines that there is need for the
provision of additional broadcasting services, publish a notice in the Gazette and in a national newspaper
inviting applications for licences to provide the broadcasting service specified in the notice.’
• (2) Notwithstanding subsection (1) and subject to the provisions of this Act, an application for a
broadcasting service licence shall be submitted to the Authority in the prescribed form and manner and
shall be accompanied by the prescribed fee and such information or documents as may be prescribed or
as the Authority may require.
• (3) The Authority shall examine all applications submitted with a view to short-listing those applicants
who, in its opinion, may qualify to be licensed.
• (4) Every applicant short-listed shall be required to attend a public inquiry conducted by the Authority for
the purposes of determining the applicant’s suitability to be licensed at a time and place to be determined
in a written notice to such applicant.
• (5) The Authority may refuse to consider an application, upon receiving satisfactory proof of service of
the notice if the applicant fails to attend the inquiry.
• (6) After considering an application for a licence the Authority may issue or refuse to issue a
broadcasting licence to the applicant and shall notify the applicant in writing of the decision and in the
case of a refusal to issue a licence, of the reasons for the refusal.
• (7) The Authority shall, from time to time, conduct a public inquiry to determine priorities within the
broadcasting industry.
• The IBA Act defines “ commercial broadcasting ” means a broadcasting service operated for profit and
controlled by a person who is not a public or community broadcaster’
• Commercial Broadcasting Licence
• Section 21 of the IBA Act provides that a commercial broadcasting licence may be granted by the Authority
to —
• provide a diverse range of programming addressing a wide section of the Republic;
• provide programming in the official language or in any other local language of the Republic widely spoken
in the Republic or any particular area; and
• provide within a reasonable time comprehensive coverage of the areas which they are licensed to serve.
• All programmes by a commercial broadcasting service shall, subject to the conditions of a licence and
regulations of the Authority —
• reflect the culture, character, needs and aspirations of the people in the areas that they are licensed to
serve;
• provide an appropriate amount of local or national programming;
• Community and Religious Broadcasting Services Licence
• The IBA Act defines “community broadcasting ” means a broadcasting service which
• is fully controlled by a non-profit entity and carried on for non-profitable purposes;
• serves a particular community;
• 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
• The IBA Act defines “religious broadcasting ” as a broadcasting service which transmits programmes of a
religious nature, ”.
• may be funded by donations, grants, sponsorship or advertising or membership fees, or by a combination
of any of them

• Section 22 of the IBA Act provides that ‘notwithstanding the provisions of this Act or of any other law, a
community or religious broadcasting service licence may be granted by the Authority in the following
categories:
• free-to-air radio broadcasting service; or
• free-to-air television service.
• The licence of a community or religious broadcasting service shall be held by a licensee.
• (3) The programming provided by a community broadcasting service shall reflect the needs of the people
in the community which shall include the cultural language and demographic needs and shall—
• provide a district broadcasting service dealing specifically with issues which are not predominantly dealt
with by the broadcasting service covering the same area;
• be informative, educational and entertaining;
• focus on the provision of programmes that highlight grassroots community issues including but not
limited to developmental and general, educational affairs, environmental affairs, local, international and
current affairs reflection of local culture; and
• promote the development of a sense of common purpose and improved quality of life.
• The programming provided by a licenced religious broadcasting service shall reflect the religious beliefs and
needs of the people and shall: -
• provide a distant broadcasting service dealing specifically with religious issues;
• be informative, educational and entertaining;
• focus on the provision of programmes that highlight grassroots issues including but not limited to
developmental issues, health care, basic information and general education, environmental affairs and
other spiritual matters; and
• promote the development of a sense of common religious purpose and improve the quality of life.
• Subscription Broadcasting Service Licence
• Section 23 of the IBA Act provides that ‘a subscription broadcasting service licensee may, for purposes of
providing the broadcasting service, draw revenue from subscription, advertising and sponsorship.
• A subscription broadcasting service licensee in providing subscription broadcasting services, may not
acquire exclusive rights to the broadcasting of any national, sporting, or other event which is identified,
by the Authority, to be in the public interest.
• Free to Air Broadcasting Services Licence
• Section 24 of the IBA provides that ‘all commercial broadcasting service licensees shall, subject to the
conditions of the licence, provide such free-to-air broadcasting services as may be determined by the
Authority.’
• Where programming is provided by free-to-air television broadcasting the programmes shall, as a whole
include significant proportions of Zambian drama, documentaries and children’s programmes that reflect
Zambian themes, literature and historical events:
• Free to Air Broadcasting Services Licence1q11```
• Provided that the Authority may make regulations on the proportion of Zambian programming and other
matters to be broadcast by a broadcasting licensee and may require such broadcasting licensee to provide
programming which reflects Zambian circumstances in accordance with the provisions of this Act.
• Licensing of Operators of Diffusion Service
• Section 25 of the IBA Act provides that ‘subject to the provisions of this Act, no person shall operate a
diffusion service in Zambia otherwise than in accordance with the terms and conditions of a licence issued
by the Authority and on payment of such fees as the Authority may determine.’
• Licensing of Operators of Diffusion Service
• The IBA Act defines “ diffusion service ” as
• the dissemination by wires other
• than within the precincts of a single private residence of the whole or part of a broadcasting service; or
• the dissemination of music or speech by means of wires; and
• ( c) “ diffuse ” shall be construed accordingly;
• Licensing Procedures
• Section 26 of the IBA Act provides that the Authority shall put the frequencies assigned to the various
broadcasting sectors up for public tender as soon as they become available and state the deadline for
receiving the applications.
• An application for a licence shall be made to the Board and shall be accompanied by the following
particulars:
• the name of the broadcasting service;
• the name and place of residence of the directors or producers of the broadcasting service;
• the name, place of business and place of residence, if any, of the proprietor;
• the nationality of the applicant;
• evidence of financial capability to operate a broadcasting service; and
• such other information as the Authority may require and as may be prescribed.
• Thirty days after the deadline for applications, the Board shall publish a list of all applicants by Gazette
notice and in the national media, giving particulars of the applicant, the licence area and the nature of the
proposed service.
• The Board shall by Gazette notice and national media invite interested persons to lodge with the Board
their written objections in relation to these applications within two weeks from the date of the notice,
and a person with an objection shall send a copy of the objection to the applicant by registered mail.

• Where objections have been received, the Board shall within thirty days from the expiry of the period
referred to in subsection (4), convene a public hearing to which the applicants and persons who have lodged
objections and the general public as observers shall be invited.
• Within sixty days after the receipt of the applications, or in the case where there are objections, within sixty
days after the public hearing, the Board shall decide on the applications and provide written reasons for its
ruling.
• The Board may decide under subsection (6) to grant a temporary licence subject to such conditions as it
considers fit.
• Conditions of Licence
• Section 27(1) of the IBA Act provides that a licence issued under this Act shall be subject to such conditions
as the Board may specify in the licence when it is granted and to such other conditions as may be
prescribed by regulation.
• Without prejudice to the generality of subsection (1), the conditions of a licence may
• specify the site or sites at which any broadcasting station to be operated under the Authority of the
licence are to be located and regulate the manner of their installation;
• specify the kind of broadcasting authorised by the licence and regulate the type and standard of
broadcasting station apparatus to be used in any such broadcasting station;
• require the payment to the Authority of a fee on grant of the licence and of annual or other periodic
licence fees;
• require the licensee or any other person concerned in providing any service authorised by the licence to
furnish to the Authority 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;
• require the licensee to refer specified matters to the Authority for determination;
• require the licensee to comply with directions given by the Authority from time to time in relation to
specified matters;
• 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; and
• require and regulate the payment of fines and penalties by the licensee for breaches of any specified
terms and conditions of the licence.
• If a broadcaster plans to change the character of its programming, the broadcaster shall apply to the Board
for variation of the character of its programming and where the Board determines that the envisaged
change has significant public interest, the Board may call a public hearing on the matter.
• Duration
• Section 28(1) of the IBA provides that a licence issued under the Act shall remain in force unless sooner
revoked or suspended, for the period specified in the licence but shall, subject to this Act, be renewed on
its expiry on such terms and conditions and on the payment to the Authority of such fees as the Minister,
may, on the recommendation of the Board, by statutory instrument, prescribe.
• The Authority may issue a temporary licence on such terms and conditions as it considers appropriate.
• A temporary licence may be renewed by the Authority on such terms and conditions as it considers
appropriate.
• Section 29 of the IBA Act provides that a licence shall not be capable of being bought, sold, leased,
mortgaged or charged or in any manner assigned, demised or encumbered.
• Suspension or Cancellation of licences
• Section 30(1) IBA Act provides that subject to the other provisions of this section the Authority may suspend
or cancel a licence issued under this Act if -
• the broadcaster or operator of diffusion service informs the Authority in writing that it does not intend to
broadcast or operate a diffusion service any longer;
• it is determined that the broadcaster or the operator of a diffusion service presented incorrect data when
applying for the licence;
• the broadcaster or operator of a diffusion service has not started broadcasting programmes or operating
the diffusion service within one hundred and twenty days of the issue of the licence;
• the broadcaster or operator of a diffusion service without a justified reason, stopped broadcasting or
operating the diffusion service for more than sixty consecutive days or ninety days with intermissions
during the calender year;
• the broadcaster or operator of a diffusion service has failed in spite of written notice, to comply with the
conditions of a licence; or
• the broadcaster or operator of a diffusion service in spite of a written warning, does not pay the
prescribed fees.
• Where a licenced broadcaster or operator of a diffusion service does not comply with this Act or with the
conditions of the licence, the Authority shall notify the licensee with a warning of the measures that the
broadcaster or operator of a diffusion service should undertake within a specified period in order to
comply with the conditions of a licence under this Act.
• If a broadcaster or operator of a diffusion service does not comply with the notice, under subsection (2),
within a specified period of time, the Authority may, suspend the licence for a specified period of time or
cancel the licence.
• Before deciding on a suspension or cancellation of a licence, the Authority shall afford an opportunity to
the licensee to be heard.
• Any decisions of the Authority under this section shall be subject to judicial review.
• The Authority shall not be liable to refund a broadcaster or operator of a diffusion service whose licence is
cancelled in terms of this section, the fee or any portion of the fee paid on the issue of the licence.
• Authority may also cancel or refuse to renew a licence if satisfied that the broadcasting station or the
receiver or the apparatus or equipment used in connection with the broadcasting service or the diffusion
service: -
• prevents the erection or installation of plant, post apparatus or equipment for Zambia Postal Services
Corporation and Zambia Telecommunications Company Limited;
• injures or interferes with the working of a radio station or the carrying on of a radio- communication
telephone or telegraph services established by the Zambia Telecommunications Company Limited;
• is likely to injure or interfere with apparatus, equipment, circuits, instruments, wires and the like
installed, created or operated by the Zambia Telecommunications Company Limited.
• Powers of the President During Emergency
• Section 32(1) of the IBA provides that where there is in force a proclamation of a state of public emergency
or threatened public emergency under the Constitution the President may make an order authorising an
officer or an authority, in the public interest, to —
• take over all broadcasting stations or any particular broadcasting station in Zambia; and
• Powers of the President During Emergency
• control and direct all broadcasting services from the broadcasting stations or broadcasting station to
which the provisions of paragraph (a) relate for so long as the President considers it expedient;
• and in so doing may require the exclusive services of the persons employed in working, maintaining or
carrying on the same.

• When an officer or an authority is authorised to take over a broadcasting station the person owning or
controlling the broadcasting station shall give up possession to the President or 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 subsection
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.
• 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 between the person and the Minister.
• If a dispute arises as to the amount of compensation payable any person claiming to be entitled to
compensation may refer such dispute to a court.
• In determining the amount of any compensation (including costs or expenses) payable 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.
• The provisions of this section shall, with necessary modification, apply in relation to diffusion services, the
premises, apparatus, equipment and wires required in connection therewith and the persons employed in
working, maintaining or operating the same.
• PROGRAMME STANDARD under IBA Act
• Section 33 of the IBA Act provides that the Corporation and every licensed broadcasting service, shall
develop a code of professional standards which shall comply with the following minimum requirements:
• respect for human dignity and human rights and freedoms, and contribution to the tolerance of different
opinions and beliefs;
• comprehensive, unbiased and independent news broadcast and current affairs programmes with
commentary clearly distinguished from news;

• PROGRAMME STANDARD under IBA Act

• observance of procedures for correcting factual errors and redressing unfairness;
• observance of the principle of the right to reply;
• 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
• clear separation of advertisements from other programme outputs.
• Complaints Relating to Broadcasting Services
• Section 34(1) of the IBA Act provides that where -
• a person has made a complaint—
• 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 thirty-three; and
• the person has not received a response within fourteen 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.
• Section 35 of the IBA Act requires the Authority to investigate the complaint relating to the corporation or
other broadcasters.
• The Authority shall not investigate the complaint if it is satisfied that —
• the complaint is frivolous or vexatious or was not made in good faith;
• the complaint is not relevant to a code of practice developed by the Corporation or any other broadcasting
licensee; or
• the complaint is brought more than three months after the broadcast in question was made.
• Section 36 of the IBA provides that if, having investigated a complaint, the Authority is satisfied that —
• the complaint is justified; and
• 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.
• The other action may include broadcasting or otherwise publishing an apology or retraction.
• The Authority shall notify the complainant of the results of such an investigation.
• Section 37 of the IBA Act provides that if the Authority has made a recommendation to the Corporation or
a broadcasting licensee under section thirty-six and the Corporation or broadcasting licensee, as the case
may be, does not, within fourteen 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.
• If the Corporation or broadcasting licensee fails to comply with the notice 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.
• Section 38 of the IBA Act provides that a broadcasting licensee shall —
• 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
• on demand by the Board produce such material that has been broadcast for examination or reproduction.
• Programme Standard under ZNBC Act
• Section 10 of the ZNBC Act, 2002 provides that the Corporation shall, subject to the direction of the Board,
maintain, in its programmes and their representation, standards which will be generally acceptable in
the community, and in so doing the Corporation shall—
• provide a range of programmes which will cater in a balanced way for the varied interest of different
sections of the community;
• ensure that the significant proportion of the recorded matter and other matter included in the
programmes are of Zambian origin and of Zambian performance;
• ensure that nothing is included in the programmes which offends against good morals or is likely to
encourage or incite to crime or to lead to disorder or to be offensive to public feeling;
• protect the integrity of minors by clearly marking and distributing programmes that may endanger the
development of a child and ensure so far as possible that children do not have access to such
programmes;
• Programme Standard under ZNBC Act
• ensure that news is gathered and presented in an accurate and impartial manner and in accordance with
recognised standards of objective journalism;
• ensure that when controversial issues of public importance are discussed, reasonable efforts are made to
present alternative points of view either in the same programme or in other programmes within the
period of current interest;
• ensure that the programming provided—
• reflects the wide diversity of Zambian cultural life;
• (ii) actively contributes to shared national consciousness and identity; and to the public’s free and
informed opinion - forming and, as such, constitutes an important element of the democratic process;
and
• ensure that the programming does not give undue prominence to violence and is not likely to incite racial
hatred.
• The Corporation shall not broadcast any matter expressing its opinion or that of the Board or management
on current affairs or on matters of public policy, other than broadcasting matters.
• The Corporation may provide free air time for a programme of public interest.
• The ZNBC Act, 2002 defines “ free-to-air broadcasting service ” as any broadcasting service transmitted
otherwise than by means of an encoded signal.
• Broadcasting of Political Matters
• Section 11 of the ZNBC Act, 2002 provides that the Corporation may during an election period broadcast
election matters free of charge: Provided that if, during an election period, the Corporation broadcasts
election matter, the Corporation shall give reasonable and equal opportunities for the broadcasting of
election matter to all political parties contesting the election.
• Nothing requires the Corporation to broadcast any matter free of charge.
• The ZNBC Act, 2002 defines “ election ” as –
• a general election or by-election within the meaning of the Electoral Act; and
• local government elections within the meaning of the Local Government Elections Act;
• The ZNBC Act, 2002 defines “ election matter ”, in relation to an election, as -
• matter commenting on, or soliciting votes for, a candidate at the election;
• matter commenting on, or advocating support of, a political party to which a candidate at the election
belongs;
• 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; or
• matter referring to a meeting held or to be held in connection with the election;
• Broadcasting of Election Advertisements
• The ZNBC Act 2002 defines “ election advertisement ” as an advertisement —
• used or appearing to be used to promote or procure the election of any candidate at an election;
• advocating support for a candidate or for a political party to which the candidate belongs; or
• (c ) notifying meetings held or to be held in connection with an election.
• Section 12 of ZNBC Act provides that if an election is to be held, the Corporation may broadcast an election
advertisement in relation to such election, subject to such regulations as the Electoral Commission may
determine, for the purpose of the election, in accordance with the Electoral Act.
• Keeping of Broadcast Records
• Section 13 of the ZNBC Act provides that where the Corporation 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 Corporation shall cause a record of the matter broadcast to be made and maintained in
the prescribed form.

• The Corporation shall retain in the Corporation’s possession any record made for a period of—
• ninety days from the date on which the matter was broadcast; or
• if a complaint has been made about the matter, under section fourteen for sixty days from the date on which
the matter was broadcast; or for such longer period as the Board, in special circumstances, may direct in
writing.
• If any person considers that a record made is admissible in evidence in proceedings instituted, or proposed
to be instituted, in a court, the person may give to the Corporation notice in writing informing the
Corporation that the record may be required for the purposes of the proceedings.
• If such notice is given to the Corporation in respect of a record, the Corporation shall retain the record until
the proceedings or the proposed proceedings to which the notice relates have been finally determined.
• If the proceedings are not instituted within a period of three months after the notice is given to the
Corporation subsection (4) shall cease to apply to the record at the end of that period.
• The obligation imposed on on the Corporation 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.
• Complaints About ZNBC Programmes
• Section 14 of the ZNBC Act provides for any person to complain to the Corporation regarding any of its
programme material.
• The Corporation shall receive and consider complaints made about any programme broadcast by the
Corporation where the complaint constitutes, in respect of that programme, an allegation that the
Corporation has failed to comply with the obligation—
• to maintain in its programmes and their presentation, standards which will be generally acceptable in
the community;
• to have regard to the observance of standards of good taste and decency;
• to have regard to the accurate and impartial gathering and presentation of news, according to recognised
standards of objective journalism;
• to have regard to the principle that when controversial issues of public interest are discussed, reasonable
efforts are made to present significant points of view either in the same programme or in other
programmes within the period of current interest;
• to have regard to the maintenance of law and order; and
• to respect cultural and traditional laws.
•
• Every complaint shall be lodged in writing with the Director-General who shall, without undue delay, submit
the complaint to the Board.
• The Corporation shall, for purposes of this section—
• publicise procedures for making complaints; and
• establish procedures for investigating complaints.
• Any journalist employed by, or engaged in work for, the Corporation may present to the Board any
complaint concerning the performance of that journalist’s duties in the Corporation.
• The Director-General may prescribe procedures to be followed in dealing with complaints against the
Corporation made under this section.
• Section 15 provides that if a complaint under section fourteen is found to be justified, in whole or in part,
the Corporation shall take appropriate action and shall notify the complainant of the action taken within
fourteen days from receipt of the complaint.
• If a complaint under section fourteen is found not to be justified, in whole or in part, the Corporation shall
notify the complainant in writing of the decision within seven days of making the decision.
• The Corporation shall, in notifying a complainant under subsection (1) or subsection (2) of this section, give
to the complainant information concerning the complainant’s right to complain to the Authority, against
the Corporation’s action or decision, in accordance with the Independent Broadcasting Authority Act and
 subsequently, if dissatisfied with the decision of the Authority, to seek judicial review of the Corporation’s
action or decision as the case may be, or to take such other action as the complainant may deem fit.
• Radio Regulation
• The radio regulation falls in Zambia falls under the Information and Communication Technologies Act, No.
15 of 2009.
• Section 28 of the ICT Act prohibits to establish and operate a radio station or provide radio communication
service without a licence.
• The Act defines a ‘radio station’ as a receiving station or a transmitting station, a receiving and transmitting
station.

• The Act defines ‘radio communication service’ as a service whose primary activity is the transmission or
reception of radio communications.

• Application for licence

• Section 29 of the ICT Act requires a person who intends to establish and operate a radio station or to provide
a radio communication service to apply to the Authority for a licence in the prescribed manner and form
upon payment of the prescribed fee.
• The Authority shall within sixty days of receipt of an application, grant or reject the application.
• The Authority shall where it rejects an application, give the applicant the reasons for the rejection.
• Application for licence
• Where the applicant meets the requirements of the ICT Act the Authority shall issue a licence which
authorises the licensee to establish and operate one or more radio stations at such places as may be
specified in the licence, and provide a radio communication service by means of the station or stations in
accordance with the provisions of the Act and the conditions of the licence.
• The Authority may, with or without charge, issue a temporary licence authorising a person to be in
possession of, and to operate, a radio station for a limited period and on such conditions as are attached to
the licence.
• Conditions of licence
• Section 31 of the ICT Act provides conditions which may be attached to a licence as follows:
• specify the site or sites at which any radio station or radio stations to be operated under the licence are
to be located and regulate the manner of their installation;
• specify the kind and class of radio station authorised and regulate the type and standard of radio station
apparatus to be used in the radio station;

• UNIT 4: PROGRAMME REGULATION

• STRUCTURE OF THE PRESENTATION

• Introduction
• Broadcasting Services
• Broadcasting Licences
• Programme Standards
• Complaints Relating to Broadcasting Services
• Programme Standards in Respect of ZNBC
• Complaints in Respect of ZNBC
• Radio Programme Licences
• Introduction
• Broadcasting in Zambia is regulated under the three Acts of Parliament namely:
• Zambia National Broadcasting Services Act, 2002
• Zambia National Broadcasting Services (Amendment) Act, 2010
• Independent Broadcasting Authority Act, No. 17 of 2002
• Information and Communication Technologies Act, No. 15 of 2009.
• Introduction
• The three institutions that are involved in the regulation of broadcasting are:
• Independent Broadcasting Authority
• ZNBC Board / Ministry of Information and Broadcasting Services ( for Public broadcasting service)
• Zambia Information and Communication Technology Authority (for radio communication).
• The IBA Act defines broadcasting as “the distribution of television or radio, by means of terrestrial or
satellite transmitter received on suitable apparatus by the public.
• Section 19 of the IBA act prohibits the provision of broadcasting services without a broadcasting licence.
• Section 19(1) provides that “subject to the provisions of this Act, no person shall operate or provide a
broadcasting service in Zambia other than in accordance with the terms and conditions of a licence issued
by the Authority and on payment of such fees as the Minister may, on the recommendation of the
Authority, prescribe.”

• There are a number of broadcasting licences which may be issued by the Authority namely:
• Commercial broadcasting licence
• Community broadcasting licence
• Religious Broadcasting Licence,
• Subscription or Public broadcasting licence
• Broadcasting Services (under IBA)
• However,
• a political party or organisation or a legal entity founded by a political party or organisation shall not qualify
to hold a broadcasting licence; and
• a person who is not a citizen of Zambia shall not qualify to hold a broadcasting licence.
• “ citizen of Zambia ” in relation to a body corporate means a company in which not less than seventy five
percent of shares are held by citizens of Zambia.
• Broadcasting Services (under IBA)
• A broadcasting licence granted by the IBA authorises the licensee to provide any of the following classes of
broadcasting services:
• a public broadcasting service;
• a commercial broadcasting service;
• a community and religious broadcasting service; or
• a subscription broadcasting service.
• The Minister may, in consultation with the Authority, by Statutory instrument, exempt any person,
institution or organisation from any of the provisions of this section.
• Section 20(1) of the IBA Act provides that ‘the Authority shall, if it determines that there is need for the
provision of additional broadcasting services, publish a notice in the Gazette and in a national newspaper
inviting applications for licences to provide the broadcasting service specified in the notice.’
• (2) Notwithstanding subsection (1) and subject to the provisions of this Act, an application for a
broadcasting service licence shall be submitted to the Authority in the prescribed form and manner and
shall be accompanied by the prescribed fee and such information or documents as may be prescribed or
as the Authority may require.
• (3) The Authority shall examine all applications submitted with a view to short-listing those applicants
who, in its opinion, may qualify to be licensed.
• (4) Every applicant short-listed shall be required to attend a public inquiry conducted by the Authority for
the purposes of determining the applicant’s suitability to be licensed at a time and place to be determined
in a written notice to such applicant.
• (5) The Authority may refuse to consider an application, upon receiving satisfactory proof of service of
the notice if the applicant fails to attend the inquiry.
• Application for Broadcasting Licence
• (6) After considering an application for a licence the Authority may issue or refuse to issue a
broadcasting licence to the applicant and shall notify the applicant in writing of the decision and in the
case of a refusal to issue a licence, of the reasons for the refusal.
• (7) The Authority shall, from time to time, conduct a public inquiry to determine priorities within the
broadcasting industry.
• Commercial Broadcasting Licence
• The IBA Act defines “ commercial broadcasting ” means a broadcasting service operated for profit and
controlled by a person who is not a public or community broadcaster’
• Section 21 of the IBA Act provides that a commercial broadcasting licence may be granted by the Authority
to —
• provide a diverse range of programming addressing a wide section of the Republic;
• provide programming in the official language or in any other local language of the Republic widely spoken
in the Republic or any particular area; and
• provide within a reasonable time comprehensive coverage of the areas which they are licensed to serve.
• All programmes by a commercial broadcasting service shall, subject to the conditions of a licence and
regulations of the Authority —
• reflect the culture, character, needs and aspirations of the people in the areas that they are licensed to
serve;
• provide an appropriate amount of local or national programming;
• Community and Religious Broadcasting Services Licence
• The IBA Act defines “community broadcasting ” means a broadcasting service which
• is fully controlled by a non-profit entity and carried on for non-profitable purposes;
• serves a particular community;
• 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
• The IBA Act defines “religious broadcasting ” as a broadcasting service which transmits programmes of a
religious nature, ”.
• may be funded by donations, grants, sponsorship or advertising or membership fees, or by a combination
of any of them
• Section 22 of the IBA Act provides that ‘notwithstanding the provisions of this Act or of any other law, a
community or religious broadcasting service licence may be granted by the Authority in the following
categories:
• free-to-air radio broadcasting service; or
• free-to-air television service.
• The licence of a community or religious broadcasting service shall be held by a licensee.
• Community and Religious Broadcasting Services Licence
• (3) The programming provided by a community broadcasting service shall reflect the needs of the people
in the community which shall include the cultural language and demographic needs and shall—
• provide a district broadcasting service dealing specifically with issues which are not predominantly dealt
with by the broadcasting service covering the same area;
• be informative, educational and entertaining;
• focus on the provision of programmes that highlight grassroots community issues including but not
limited to developmental and general, educational affairs, environmental affairs, local, international and
current affairs reflection of local culture; and
• promote the development of a sense of common purpose and improved quality of life.
• The programming provided by a licenced religious broadcasting service shall reflect the religious beliefs and
needs of the people and shall: -
• provide a distant broadcasting service dealing specifically with religious issues;
• be informative, educational and entertaining;
• focus on the provision of programmes that highlight grassroots issues including but not limited to
developmental issues, health care, basic information and general education, environmental affairs and
other spiritual matters; and
• promote the development of a sense of common religious purpose and improve the quality of life.
• Subscription Broadcasting Service Licence
• Section 23 of the IBA Act provides that ‘a subscription broadcasting service licensee may, for purposes of
providing the broadcasting service, draw revenue from subscription, advertising and sponsorship.
• A subscription broadcasting service licensee in providing subscription broadcasting services, may not
acquire exclusive rights to the broadcasting of any national, sporting, or other event which is identified,
by the Authority, to be in the public interest.
• Free to Air Broadcasting Services Licence
• Section 24 of the IBA provides that ‘all commercial broadcasting service licensees shall, subject to the
conditions of the licence, provide such free-to-air broadcasting services as may be determined by the
Authority.’
• Where programming is provided by free-to-air television broadcasting the programmes shall, as a whole
include significant proportions of Zambian drama, documentaries and children’s programmes that reflect
Zambian themes, literature and historical events:
• Free to Air Broadcasting Services Licence1q11```
• Provided that the Authority may make regulations on the proportion of Zambian programming and other
matters to be broadcast by a broadcasting licensee and may require such broadcasting licensee to provide
programming which reflects Zambian circumstances in accordance with the provisions of this Act.
• Licensing of Operators of Diffusion Service
• Section 25 of the IBA Act provides that ‘subject to the provisions of this Act, no person shall operate a
diffusion service in Zambia otherwise than in accordance with the terms and conditions of a licence issued
by the Authority and on payment of such fees as the Authority may determine.’
• Licensing of Operators of Diffusion Service
• The IBA Act defines “ diffusion service ” as
• the dissemination by wires other
• than within the precincts of a single private residence of the whole or part of a broadcasting service; or
• the dissemination of music or speech by means of wires; and
• ( c) “ diffuse ” shall be construed accordingly;
• Licensing Procedures
• Section 26 of the IBA Act provides that the Authority shall put the frequencies assigned to the various
broadcasting sectors up for public tender as soon as they become available and state the deadline for
receiving the applications.
• An application for a licence shall be made to the Board and shall be accompanied by the following
particulars:
• the name of the broadcasting service;
•
• the name and place of residence of the directors or producers of the broadcasting service;
• the name, place of business and place of residence, if any, of the proprietor;
• the nationality of the applicant;
• evidence of financial capability to operate a broadcasting service; and
• such other information as the Authority may require and as may be prescribed.
• Thirty days after the deadline for applications, the Board shall publish a list of all applicants by Gazette
notice and in the national media, giving particulars of the applicant, the licence area and the nature of the
proposed service.
• The Board shall by Gazette notice and national media invite interested persons to lodge with the Board
their written objections in relation to these applications within two weeks from the date of the notice,
and a person with an objection shall send a copy of the objection to the applicant by registered mail.
• Where objections have been received, the Board shall within thirty days from the expiry of the period
referred to in subsection (4), convene a public hearing to which the applicants and persons who have lodged
objections and the general public as observers shall be invited.
• Within sixty days after the receipt of the applications, or in the case where there are objections, within sixty
days after the public hearing, the Board shall decide on the applications and provide written reasons for its
ruling.
• The Board may decide under subsection (6) to grant a temporary licence subject to such conditions as it
considers fit.
• Conditions of Licence
• Section 27(1) of the IBA Act provides that a licence issued under this Act shall be subject to such conditions
as the Board may specify in the licence when it is granted and to such other conditions as may be
prescribed by regulation.
• Without prejudice to the generality of subsection (1), the conditions of a licence may
• specify the site or sites at which any broadcasting station to be operated under the Authority of the
licence are to be located and regulate the manner of their installation;
• specify the kind of broadcasting authorised by the licence and regulate the type and standard of
broadcasting station apparatus to be used in any such broadcasting station;
• require the payment to the Authority of a fee on grant of the licence and of annual or other periodic
licence fees;
• require the licensee or any other person concerned in providing any service authorised by the licence to
furnish to the Authority 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;
• require the licensee to refer specified matters to the Authority for determination;
• require the licensee to comply with directions given by the Authority from time to time in relation to
specified matters;
• 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; and
• require and regulate the payment of fines and penalties by the licensee for breaches of any specified
terms and conditions of the licence.
• If a broadcaster plans to change the character of its programming, the broadcaster shall apply to the Board
for variation of the character of its programming and where the Board determines that the envisaged
change has significant public interest, the Board may call a public hearing on the matter.
• Duration
• Section 28(1) of the IBA provides that a licence issued under the Act shall remain in force unless sooner
revoked or suspended, for the period specified in the licence but shall, subject to this Act, be renewed on
its expiry on such terms and conditions and on the payment to the Authority of such fees as the Minister,
may, on the recommendation of the Board, by statutory instrument, prescribe.

• The Authority may issue a temporary licence on such terms and conditions as it considers appropriate.
• A temporary licence may be renewed by the Authority on such terms and conditions as it considers
appropriate.
• Section 29 of the IBA Act provides that a licence shall not be capable of being bought, sold, leased,
mortgaged or charged or in any manner assigned, demised or encumbered.
• Suspension or Cancellation of licences
• Section 30(1) IBA Act provides that subject to the other provisions of this section the Authority may suspend
or cancel a licence issued under this Act if -
• the broadcaster or operator of diffusion service informs the Authority in writing that it does not intend to
broadcast or operate a diffusion service any longer;
• it is determined that the broadcaster or the operator of a diffusion service presented incorrect data when
applying for the licence;
• the broadcaster or operator of a diffusion service has not started broadcasting programmes or operating
the diffusion service within one hundred and twenty days of the issue of the licence;
• the broadcaster or operator of a diffusion service without a justified reason, stopped broadcasting or
operating the diffusion service for more than sixty consecutive days or ninety days with intermissions
during the calender year;
• the broadcaster or operator of a diffusion service has failed in spite of written notice, to comply with the
conditions of a licence; or
• the broadcaster or operator of a diffusion service in spite of a written warning, does not pay the
prescribed fees.
• Where a licenced broadcaster or operator of a diffusion service does not comply with this Act or with the
conditions of the licence, the Authority shall notify the licensee with a warning of the measures that the
broadcaster or operator of a diffusion service should undertake within a specified period in order to
comply with the conditions of a licence under this Act.
• If a broadcaster or operator of a diffusion service does not comply with the notice, under subsection (2),
within a specified period of time, the Authority may, suspend the licence for a specified period of time or
cancel the licence.
• Before deciding on a suspension or cancellation of a licence, the Authority shall afford an opportunity to
the licensee to be heard.
• Any decisions of the Authority under this section shall be subject to judicial review.
• The Authority shall not be liable to refund a broadcaster or operator of a diffusion service whose licence is
cancelled in terms of this section, the fee or any portion of the fee paid on the issue of the licence.

• Authority may also cancel or refuse to renew a licence if satisfied that the broadcasting station or the
receiver or the apparatus or equipment used in connection with the broadcasting service or the diffusion
service: -
• prevents the erection or installation of plant, post apparatus or equipment for Zambia Postal Services
Corporation and Zambia Telecommunications Company Limited;
• injures or interferes with the working of a radio station or the carrying on of a radio- communication
telephone or telegraph services established by the Zambia Telecommunications Company Limited;
• is likely to injure or interfere with apparatus, equipment, circuits, instruments, wires and the like
installed, created or operated by the Zambia Telecommunications Company Limited.
• Powers of the President During Emergency
• Section 32(1) of the IBA provides that where there is in force a proclamation of a state of public emergency
or threatened public emergency under the Constitution the President may make an order authorising an
officer or an authority, in the public interest, to —
• take over all broadcasting stations or any particular broadcasting station in Zambia; and
• Powers of the President During Emergency
• control and direct all broadcasting services from the broadcasting stations or broadcasting station to
which the provisions of paragraph (a) relate for so long as the President considers it expedient;
• and in so doing may require the exclusive services of the persons employed in working, maintaining or
carrying on the same.

• When an officer or an authority is authorised to take over a broadcasting station the person owning or
controlling the broadcasting station shall give up possession to the President or 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 subsection
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.
• 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 between the person and the Minister.
• Powers of the President During Emergency
• If a dispute arises as to the amount of compensation payable any person claiming to be entitled to
compensation may refer such dispute to a court.
• In determining the amount of any compensation (including costs or expenses) payable 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.
• The provisions of this section shall, with necessary modification, apply in relation to diffusion services, the
premises, apparatus, equipment and wires required in connection therewith and the persons employed in
working, maintaining or operating the same.
• PROGRAMME STANDARD under IBA Act
• Section 33 of the IBA Act provides that the Corporation and every licensed broadcasting service, shall
develop a code of professional standards which shall comply with the following minimum requirements:
• respect for human dignity and human rights and freedoms, and contribution to the tolerance of different
opinions and beliefs;
• comprehensive, unbiased and independent news broadcast and current affairs programmes with
commentary clearly distinguished from news;

• observance of procedures for correcting factual errors and redressing unfairness;

• observance of the principle of the right to reply;
• 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
• clear separation of advertisements from other programme outputs.
• Complaints Relating to Broadcasting Services
• Section 34(1) of the IBA Act provides that where -
• a person has made a complaint—
• 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 thirty-three; and
• Complaints Relating to Broadcasting Services
• the person has not received a response within fourteen 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.
• Section 35 of the IBA Act requires the Authority to investigate the complaint relating to the corporation or
other broadcasters.
• The Authority shall not investigate the complaint if it is satisfied that —
• the complaint is frivolous or vexatious or was not made in good faith;
• the complaint is not relevant to a code of practice developed by the Corporation or any other broadcasting
licensee; or
• the complaint is brought more than three months after the broadcast in question was made.
• Section 36 of the IBA provides that if, having investigated a complaint, the Authority is satisfied that —
• the complaint is justified; and
• 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.
• The other action may include broadcasting or otherwise publishing an apology or retraction.
• The Authority shall notify the complainant of the results of such an investigation.
• Section 37 of the IBA Act provides that if the Authority has made a recommendation to the Corporation or
a broadcasting licensee under section thirty-six and the Corporation or broadcasting licensee, as the case
may be, does not, within fourteen 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.
• If the Corporation or broadcasting licensee fails to comply with the notice 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.
• Section 38 of the IBA Act provides that a broadcasting licensee shall —
• 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
• on demand by the Board produce such material that has been broadcast for examination or reproduction.
• Programme Standard under ZNBC Act
• Section 10 of the ZNBC Act, 2002 provides that the Corporation shall, subject to the direction of the Board,
maintain, in its programmes and their representation, standards which will be generally acceptable in
the community, and in so doing the Corporation shall—
• provide a range of programmes which will cater in a balanced way for the varied interest of different
sections of the community;
• Programme Standard under ZNBC Act
• ensure that the significant proportion of the recorded matter and other matter included in the
programmes are of Zambian origin and of Zambian performance;
• ensure that nothing is included in the programmes which offends against good morals or is likely to
encourage or incite to crime or to lead to disorder or to be offensive to public feeling;
• protect the integrity of minors by clearly marking and distributing programmes that may endanger the
development of a child and ensure so far as possible that children do not have access to such
programmes;
• ensure that news is gathered and presented in an accurate and impartial manner and in accordance with
recognised standards of objective journalism;
• ensure that when controversial issues of public importance are discussed, reasonable efforts are made to
present alternative points of view either in the same programme or in other programmes within the
period of current interest;
• ensure that the programming provided—
• reflects the wide diversity of Zambian cultural life;
• (ii) actively contributes to shared national consciousness and identity; and to the public’s free and
informed opinion - forming and, as such, constitutes an important element of the democratic process;
and
• ensure that the programming does not give undue prominence to violence and is not likely to incite racial
hatred.
• The Corporation shall not broadcast any matter expressing its opinion or that of the Board or management
on current affairs or on matters of public policy, other than broadcasting matters.
• The Corporation may provide free air time for a programme of public interest.
• The ZNBC Act, 2002 defines “ free-to-air broadcasting service ” as any broadcasting service transmitted
otherwise than by means of an encoded signal.
• Broadcasting of Political Matters
• Section 11 of the ZNBC Act, 2002 provides that the Corporation may during an election period broadcast
election matters free of charge: Provided that if, during an election period, the Corporation broadcasts
election matter, the Corporation shall give reasonable and equal opportunities for the broadcasting of
election matter to all political parties contesting the election.
• Nothing requires the Corporation to broadcast any matter free of charge.
• The ZNBC Act, 2002 defines “ election ” as –
• a general election or by-election within the meaning of the Electoral Act; and
• local government elections within the meaning of the Local Government Elections Act;
• The ZNBC Act, 2002 defines “ election matter ”, in relation to an election, as -
• matter commenting on, or soliciting votes for, a candidate at the election;
• Broadcasting of Political Matters
• matter commenting on, or advocating support of, a political party to which a candidate at the election
belongs;
• 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; or
• matter referring to a meeting held or to be held in connection with the election;
• Broadcasting of Election Advertisements
• The ZNBC Act 2002 defines “ election advertisement ” as an advertisement —
• used or appearing to be used to promote or procure the election of any candidate at an election;
• advocating support for a candidate or for a political party to which the candidate belongs; or
• (c ) notifying meetings held or to be held in connection with an election.
• Section 12 of ZNBC Act provides that if an election is to be held, the Corporation may broadcast an election
advertisement in relation to such election, subject to such regulations as the Electoral Commission may
determine, for the purpose of the election, in accordance with the Electoral Act.
• Keeping of Broadcast Records
• Section 13 of the ZNBC Act provides that where the Corporation 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 Corporation shall cause a record of the matter broadcast to be made and maintained in
the prescribed form.
• The Corporation shall retain in the Corporation’s possession any record made for a period of—
• ninety days from the date on which the matter was broadcast; or
• if a complaint has been made about the matter, under section fourteen for sixty days from the date on which
the matter was broadcast; or for such longer period as the Board, in special circumstances, may direct in
writing.
• If any person considers that a record made is admissible in evidence in proceedings instituted, or proposed
to be instituted, in a court, the person may give to the Corporation notice in writing informing the
Corporation that the record may be required for the purposes of the proceedings.
• If such notice is given to the Corporation in respect of a record, the Corporation shall retain the record until
the proceedings or the proposed proceedings to which the notice relates have been finally determined.
• If the proceedings are not instituted within a period of three months after the notice is given to the
Corporation subsection (4) shall cease to apply to the record at the end of that period.
• The obligation imposed on on the Corporation 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.
• Complaints About ZNBC Programmes
• Section 14 of the ZNBC Act provides for any person to complain to the Corporation regarding any of its
programme material.
• The Corporation shall receive and consider complaints made about any programme broadcast by the
Corporation where the complaint constitutes, in respect of that programme, an allegation that the
Corporation has failed to comply with the obligation—
• to maintain in its programmes and their presentation, standards which will be generally acceptable in
the community;
• to have regard to the observance of standards of good taste and decency;
• to have regard to the accurate and impartial gathering and presentation of news, according to recognised
standards of objective journalism;
• to have regard to the principle that when controversial issues of public interest are discussed, reasonable
efforts are made to present significant points of view either in the same programme or in other
programmes within the period of current interest;
• to have regard to the maintenance of law and order; and
• to respect cultural and traditional laws.
• Every complaint shall be lodged in writing with the Director-General who shall, without undue delay, submit
the complaint to the Board.
• The Corporation shall, for purposes of this section—
• publicise procedures for making complaints; and
• establish procedures for investigating complaints.
• Any journalist employed by, or engaged in work for, the Corporation may present to the Board any
complaint concerning the performance of that journalist’s duties in the Corporation.
• The Director-General may prescribe procedures to be followed in dealing with complaints against the
Corporation made under this section.
• Section 15 provides that if a complaint under section fourteen is found to be justified, in whole or in part,
the Corporation shall take appropriate action and shall notify the complainant of the action taken within
fourteen days from receipt of the complaint.
• If a complaint under section fourteen is found not to be justified, in whole or in part, the Corporation shall
notify the complainant in writing of the decision within seven days of making the decision.
• The Corporation shall, in notifying a complainant under subsection (1) or subsection (2) of this section, give
to the complainant information concerning the complainant’s right to complain to the Authority, against
the Corporation’s action or decision, in accordance with the Independent Broadcasting Authority Act and
subsequently, if dissatisfied with the decision of the Authority, to seek judicial review of the Corporation’s
action or decision as the case may be, or to take such other action as the complainant may deem fit.
• Radio Regulation
• The radio regulation falls in Zambia falls under the Information and Communication Technologies Act, No.
15 of 2009.
• Section 28 of the ICT Act prohibits to establish and operate a radio station or provide radio communication
service without a licence.
• The Act defines a ‘radio station’ as a receiving station or a transmitting station, a receiving and transmitting
station.

• The Act defines ‘radio communication service’ as a service whose primary activity is the transmission or
reception of radio communications.

• Application for licence

• Section 29 of the ICT Act requires a person who intends to establish and operate a radio station or to provide
a radio communication service to apply to the Authority for a licence in the prescribed manner and form
upon payment of the prescribed fee.
• The Authority shall within sixty days of receipt of an application, grant or reject the application.
• The Authority shall where it rejects an application, give the applicant the reasons for the rejection.
• Application for licence
• Where the applicant meets the requirements of the ICT Act the Authority shall issue a licence which
authorises the licensee to establish and operate one or more radio stations at such places as may be
specified in the licence, and provide a radio communication service by means of the station or stations in
accordance with the provisions of the Act and the conditions of the licence.
• Application for licence
• The Authority may, with or without charge, issue a temporary licence authorising a person to be in
possession of, and to operate, a radio station for a limited period and on such conditions as are attached to
the licence.
• Conditions of licence
• Section 31 of the ICT Act provides conditions which may be attached to a licence as follows:
• specify the site or sites at which any radio station or radio stations to be operated under the licence are
to be located and regulate the manner of their installation;
• specify the kind and class of radio station authorised and regulate the type and standard of radio station
apparatus to be used in the radio station;

• UNIT 6: BLASPHEMY, OBSCENITY & INDECENCE

• STRUCTURE OF PRESENTATION
• Introduction
• Blasphemy
• Obscenity
• Indecency
• INTRODUCTION
• The law imposes general restrictions on the publication of certain material or information by the media
which may be offensive to the public or particular community or sector of the public because of being:
• Blasphemy
• Inciting racial hatred
• Obscene
• Indecent
• INTRODUCTION
• Several offences relating to the above exist. Those relevant to the media can be divided into two:
• Those concerning print media or non-broadcast media, for example newspapers, books, magazines,
internet and cinema; and
• Those concerning broadcast media, namely radio and television.
• BLASPHEMY
• Blasphemy is irreverence toward holy personages, religious artifacts, customs, and beliefs.
• Irreverence toward something considered sacred or inviolable;
• The act of insulting or showing contempt or lack of reverence for any religion's deity or deities;
• The act of claiming the attributes of a deity
blaspheme - Things said against the Church or God or religious doctrine.
• The law on blasphemy is intended to protect the religious rights of those who practice such a religion.
• It is therefore an offence to use, publish, show or display material which is threatening, with the intention
of stirring up religious hatred.
• The offence is not supposed to restrict criticism or discussion of religion.

• Part XIV of the Penal Code provides for offences relating to religion.
• Section 128 of the Penal Code provides that “any person who destroys, damages or defiles any place of
worship or any object which is held sacred by any class of persons with the intention of thereby insulting
the religion of any class of persons or with the knowledge that any class of persons is likely to consider
such destruction, damage or defilement as an insult to their religion, is guilty of a misdemeanour.”

• Section 129 of the Penal Code provides that “any person who voluntarily causes disturbance to any
assembly lawfully engaged in the performance of religious worship or religious ceremony, is guilty of a
misdemeanour.”
• Section 131 of the Penal Code provides that “any person who, with the deliberate intention of wounding
the religious feelings of any person, utters any word, or makes any sound in the hearing of that person,
or makes any gesture in the sight of that person, or places any object in the sight of that person, is guilty
of a misdemeanour and is liable to imprisonment for one year.”
• RACIAL HATRED
• As part of its role in maintaining the peace, the law seeks to prevent the publication of material which is
likely to provoke racially motivated attacks or religious discomfort.
• In other words, the law makes it an offence to use, possess, publish, distribute threatening, abusive or
insulting words, sounds of pictures with intention of stirring up racial hatred, or in circumstances where
racial hatred is likely to be stirred up.

• Section 70(1) of the Penal Code provides that “any person who utters any words or publishes any writing
expressing or showing hatred, ridicule or contempt for any person or group of persons wholly or mainly
because of his or their race, tribe, place of origin or colour is guilty of an offence and is liable on conviction
to imprisonment for a period not exceeding two years.”
• (2) A person shall not be prosecuted for an offence under this section without the written consent of the
Director of Public Prosecutions.

• OBSCENITY
• An obscenity (in Latin obspenus, meaning "foul, repulsive, detestable") is that which offends the prevalent
sexual morality of the time.
• The term obscenity is most often used in a legal context to describe expressions (words, images, actions).
The word can be used in such uses as "obscene profits", "the obscenity of war", etc.
• The definition of what exactly constitutes an obscenity differs from culture to culture, between
communities within a single culture, and also between individuals within those communities.
• Many cultures have produced laws to define what is considered to be obscene, and censorship is often used
to try to suppress or control materials that are obscene under these definitions: usually including, but not
limited to, pornographic material.
• As such censorship restricts freedom of expression, crafting a legal definition of obscenity presents a civil
liberties issue.

• The original test for obscenity was laid down by Cockburn, C.J. in the case of R v. Hicklin (1868) L.R. 3 Q.B.
360.
• He stated, at page 371: “… there are great many publications of high repute in the literary productions of
this country the tendency of which is immodest and, if you please, immoral but I think the test of obscenity
is this, whether the tendency of the matter charged as obscene is to deprave and corrupt those whose
minds are open to such immoral influences and into whose hands a publication of this sort may fall.”
• In Zambia the law of obscenity, which is meant for the protection of the society’s morals, is provided for by
the Penal Code, Cap 87 of the Laws of Zambia.

• Section 177(1) provides that any person who-

• makes, produces or has in his possession any one or more obscene writings, drawings, prints, paintings,
printed matter, pictures, posters, emblems, photographs, cinematograph films or any other object tending
to corrupt morals; or

• imports, conveys or exports, or causes to be imported conveyed or exported, any such matters or things,
or in any manner whatsoever puts any of them in circulation; or
• carries on or takes part in any business, whether public or private, concerned with any such matters or
things, or deals in any such matters or things in any manner whatsoever, or distributes any of them, or
exhibits any of them publicly, or makes a business of lending any of them; or

• advertises or makes known by any means whatsoever with a view to assisting the circulation of, or traffic
in, any such matters or things, that a person is engaged in any of the acts referred to in this section, or
advertises or makes known how, or from whom, any such matters or things can be procured either directly
or indirectly; or
• publicly exhibits any indecent show or performance or any show or performance tending to corrupt morals;

• is guilty of a misdemeanour and is liable to imprisonment for five years or to a fine of not less than fifteen
thousand penalty units nor more than seventy-five thousand penalty units.

• (3) A court, on convicting any person of an offence against this section, may order to be confiscated or
destroyed any matter or thing made, possessed or used for the purpose of such offence.
• (4) Any court may, on the application of a public prosecutor, order the destruction of any obscene matter
or thing to which this section relates, whether any person may or may not have been convicted under the
provisions of this section in respect of such obscene matter or thing.

• (5) No prosecution for an offence under this section shall be instituted without the written consent of the
Director of Public Prosecutions.
• In the case of LECO Limited v. The People, the High Court of Zambia adopted the ‘Hicklin test’ of obscenity.
• See also the case of The People v. Chansa Kabwela
• Position in the USA
• For something to be "obscene" it must be shown that the average person, applying contemporary
community standards and viewing the material as a whole, would find (1) that the work appeals
predominantly to "prurient" interest;( having a tendancy to excite lustful thoughts) (2) that it depicts or
describes sexual conduct in a patently (clearly without doubt) offensive way; and (3) that it lacks serious
literary, artistic, political or scientific value.

• In Roth v. United States (1957), the Supreme Court stated that obscenity was “utterley without redeeming
social importance” and thus not entitled to First amendment protection.
• Justice Brennan, writing for the majority, rejected the Hicklin standard and stated the new test as “whether
the average person applying contemporary community standards, the dominant theme of the material
taken as a whole appeals to prurient interest.

• Apart from protecting juveniles and unconsenting adult passerby from exposure, obscenity control serves
the legitimate state interests in maintaining ‘the quality of life and the total community environment, the
tone of commerce in the great city centres, and possibly, the public safety itself.

• In Miller v. California (1973), the Supreme Court (chief Justice Warren Burger) stated that “the basic
guidelines for the trial of fact” in obscenity cases are:
• whether the average person applying contemporary community standards, would find the work, taken
as a whole, appeals "to prurient interest“; (b) whether the work depicts or describes, in a patently
offensive way, sexual conduct“ specifically defined by the applicable state obscenity law; and (c) whether
the work, taken as a whole, lacks serious artistic, literary, political, or scientific value."
• Decisions regarding whether material was obscene should be based on local, not national, standards.

•
• “Prurient" is constitutionally defined as material appealing to a shameful or a morbid interest in sex. It does
not include a normal or candid interest in sex.

• The first test to be applied, therefore, in determining whether given material is obscene, is whether the
predominant theme or purpose of the material, when viewed as a whole and not part by part, and when
considered in relation to the intended and probable recipients, is an appeal to the prurient interest of the
average person of the community as a whole, or the prurient interest of members of a deviant sexual group,
as the case might be.
• Whether the predominant theme or purpose of the material is an appeal to the prurient interest of the
"average person of the community as a whole" is a judgment which must be made in the light of
contemporary standards as would be applied by the average person with an average and normal attitude
toward, and interest in, sex. Contemporary community standards, in turn, are set by what is accepted in
the community as a whole; that is to say, by society at large or people in general.
• So, obscenity is not a matter of individual taste and the question is not how the material impresses an
individual juror; rather, as stated before, the test is how the average person of the community as a whole
would view the material.

• The second test to be applied in determining whether given material is obscene is whether it depicts or
describes, in a patently offensive way, sexual conduct such as ultimate sexual acts, normal or perverted,
actual or simulated; masturbation; excretory functions; or lewd exhibition of the genitals measured against
whether the material is patently offensive by contemporary community standards; that is, whether it so
exceeds the generally accepted limits of candor as to be clearly offensive.

• Contemporary community standards, as stated before, are those established by what is generally accepted
in the community as a whole; that is to say, by society at large or people in general, and not by what some
groups of persons may believe the community as a whole ought to accept or refuse to accept. It is a matter
of common knowledge that customs change and that the community as a whole may from time to time find
acceptable that which was formerly unacceptable.

• The third test to be applied in determining whether given material is obscene is whether the material,
taken as a whole, lacks serious literary, artistic, political or scientific value. An item may have serious value
in one or more of these areas even though it portrays explicit sexual conduct.
• All three of these tests must be met before the material in question can be found to be obscene. If any
one of them is not met the material would not be obscene within the meaning of the law.

• DEFENCES BY MEDIA
• The defences relevant to the media are the following:
• That the article is for the public interest
• Innocent publication or possession
• That the activities portrayed in the article are so depraved as to cause repulsion (aversion) – that is, material
that is shocking or disgusting may not be obscene because it has the effect of discouraging readers or
viewers from engaging in the activity in question.

• THANK YOU

• UNIT 6: BLASPHEMY, OBSCENITY & INDECENCE

• STRUCTURE OF PRESENTATION
• Introduction
• Blasphemy
• Obscenity
• Indecency
• INTRODUCTION
• The law imposes general restrictions on the publication of certain material or information by the media
which may be offensive to the public or particular community or sector of the public because of being:
• Blasphemy
• Inciting racial hatred
• Obscene
• Indecent
• INTRODUCTION
• Several offences relating to the above exist. Those relevant to the media can be divided into two:
• Those concerning print media or non-broadcast media, for example newspapers, books, magazines,
internet and cinema; and
• Those concerning broadcast media, namely radio and television.
• BLASPHEMY
• Blasphemy is irreverence toward holy personages, religious artifacts, customs, and beliefs.
• Irreverence toward something considered sacred or inviolable;
• The act of insulting or showing contempt or lack of reverence for any religion's deity or deities;
• The act of claiming the attributes of a deity
blaspheme - Things said against the Church or God or religious doctrine.
• The law on blasphemy is intended to protect the religious rights of those who practice such a religion.
• It is therefore an offence to use, publish, show or display material which is threatening, with the intention
of stirring up religious hatred.
• The offence is not supposed to restrict criticism or discussion of religion.

•
• Part XIV of the Penal Code provides for offences relating to religion.
• Section 128 of the Penal Code provides that “any person who destroys, damages or defiles any place of
worship or any object which is held sacred by any class of persons with the intention of thereby insulting
the religion of any class of persons or with the knowledge that any class of persons is likely to consider
such destruction, damage or defilement as an insult to their religion, is guilty of a misdemeanour.”

• Section 129 of the Penal Code provides that “any person who voluntarily causes disturbance to any
assembly lawfully engaged in the performance of religious worship or religious ceremony, is guilty of a
misdemeanour.”
• Section 131 of the Penal Code provides that “any person who, with the deliberate intention of wounding
the religious feelings of any person, utters any word, or makes any sound in the hearing of that person,
or makes any gesture in the sight of that person, or places any object in the sight of that person, is guilty
of a misdemeanour and is liable to imprisonment for one year.”
• As part of its role in maintaining the peace, the law seeks to prevent the publication of material which is
likely to provoke racially motivated attacks or religious discomfort.
• In other words, the law makes it an offence to use, possess, publish, distribute threatening, abusive or
insulting words, sounds of pictures with intention of stirring up racial hatred, or in circumstances where
racial hatred is likely to be stirred up.

• Section 70(1) of the Penal Code provides that “any person who utters any words or publishes any writing
expressing or showing hatred, ridicule or contempt for any person or group of persons wholly or mainly
because of his or their race, tribe, place of origin or colour is guilty of an offence and is liable on conviction
to imprisonment for a period not exceeding two years.”
• (2) A person shall not be prosecuted for an offence under this section without the written consent of the
Director of Public Prosecutions.

• OBSCENITY
• An obscenity (in Latin obspenus, meaning "foul, repulsive, detestable") is that which offends the prevalent
sexual morality of the time.
• The term obscenity is most often used in a legal context to describe expressions (words, images, actions).
The word can be used in such uses as "obscene profits", "the obscenity of war", etc.
•
• The definition of what exactly constitutes an obscenity differs from culture to culture, between
communities within a single culture, and also between individuals within those communities.
• Many cultures have produced laws to define what is considered to be obscene, and censorship is often used
to try to suppress or control materials that are obscene under these definitions: usually including, but not
limited to, pornographic material.
• As such censorship restricts freedom of expression, crafting a legal definition of obscenity presents a civil
liberties issue.

• The original test for obscenity was laid down by Cockburn, C.J. in the case of R v. Hicklin (1868) L.R. 3 Q.B.
360.
• He stated, at page 371: “… there are great many publications of high repute in the literary productions of
this country the tendency of which is immodest and, if you please, immoral but I think the test of obscenity
is this, whether the tendency of the matter charged as obscene is to deprave and corrupt those whose
minds are open to such immoral influences and into whose hands a publication of this sort may fall.”
• OBSCENITY
• In Zambia the law of obscenity, which is meant for the protection of the society’s morals, is provided for by
the Penal Code, Cap 87 of the Laws of Zambia.

• Section 177(1) provides that any person who-

• makes, produces or has in his possession any one or more obscene writings, drawings, prints, paintings,
printed matter, pictures, posters, emblems, photographs, cinematograph films or any other object tending
to corrupt morals; or

• imports, conveys or exports, or causes to be imported conveyed or exported, any such matters or things,
or in any manner whatsoever puts any of them in circulation; or
• carries on or takes part in any business, whether public or private, concerned with any such matters or
things, or deals in any such matters or things in any manner whatsoever, or distributes any of them, or
exhibits any of them publicly, or makes a business of lending any of them; or

• advertises or makes known by any means whatsoever with a view to assisting the circulation of, or traffic
in, any such matters or things, that a person is engaged in any of the acts referred to in this section, or
advertises or makes known how, or from whom, any such matters or things can be procured either directly
or indirectly; or
• publicly exhibits any indecent show or performance or any show or performance tending to corrupt morals;

• is guilty of a misdemeanour and is liable to imprisonment for five years or to a fine of not less than fifteen
thousand penalty units nor more than seventy-five thousand penalty units.

• (3) A court, on convicting any person of an offence against this section, may order to be confiscated or
destroyed any matter or thing made, possessed or used for the purpose of such offence.
• (4) Any court may, on the application of a public prosecutor, order the destruction of any obscene matter
or thing to which this section relates, whether any person may or may not have been convicted under the
provisions of this section in respect of such obscene matter or thing.

• (5) No prosecution for an offence under this section shall be instituted without the written consent of the
Director of Public Prosecutions.
• In the case of LECO Limited v. The People, the High Court of Zambia adopted the ‘Hicklin test’ of obscenity.
• See also the case of The People v. Chansa Kabwela
• Position in the USA
• For something to be "obscene" it must be shown that the average person, applying contemporary
community standards and viewing the material as a whole, would find (1) that the work appeals
predominantly to "prurient" interest;( having a tendancy to excite lustful thoughts) (2) that it depicts or
describes sexual conduct in a patently (clearly without doubt) offensive way; and (3) that it lacks serious
literary, artistic, political or scientific value.
• In Roth v. United States (1957), the Supreme Court stated that obscenity was “utterley without redeeming
social importance” and thus not entitled to First amendment protection.
• Justice Brennan, writing for the majority, rejected the Hicklin standard and stated the new test as “whether
the average person applying contemporary community standards, the dominant theme of the material
taken as a whole appeals to prurient interest.

• Apart from protecting juveniles and unconsenting adult passerby from exposure, obscenity control serves
the legitimate state interests in maintaining ‘the quality of life and the total community environment, the
tone of commerce in the great city centres, and possibly, the public safety itself.

•
• In Miller v. California (1973), the Supreme Court (chief Justice Warren Burger) stated that “the basic
guidelines for the trial of fact” in obscenity cases are:
• whether the average person applying contemporary community standards, would find the work, taken
as a whole, appeals "to prurient interest“; (b) whether the work depicts or describes, in a patently
offensive way, sexual conduct“ specifically defined by the applicable state obscenity law; and (c) whether
the work, taken as a whole, lacks serious artistic, literary, political, or scientific value."
• Decisions regarding whether material was obscene should be based on local, not national, standards.

• “Prurient" is constitutionally defined as material appealing to a shameful or a morbid interest in sex. It does
not include a normal or candid interest in sex.

• The first test to be applied, therefore, in determining whether given material is obscene, is whether the
predominant theme or purpose of the material, when viewed as a whole and not part by part, and when
considered in relation to the intended and probable recipients, is an appeal to the prurient interest of the
average person of the community as a whole, or the prurient interest of members of a deviant sexual group,
as the case might be.

• Whether the predominant theme or purpose of the material is an appeal to the prurient interest of the
"average person of the community as a whole" is a judgment which must be made in the light of
contemporary standards as would be applied by the average person with an average and normal attitude
toward, and interest in, sex. Contemporary community standards, in turn, are set by what is accepted in
the community as a whole; that is to say, by society at large or people in general.
• So, obscenity is not a matter of individual taste and the question is not how the material impresses an
individual juror; rather, as stated before, the test is how the average person of the community as a whole
would view the material.

• The second test to be applied in determining whether given material is obscene is whether it depicts or
describes, in a patently offensive way, sexual conduct such as ultimate sexual acts, normal or perverted,
actual or simulated; masturbation; excretory functions; or lewd exhibition of the genitals measured against
whether the material is patently offensive by contemporary community standards; that is, whether it so
exceeds the generally accepted limits of candor as to be clearly offensive.

• Contemporary community standards, as stated before, are those established by what is generally accepted
in the community as a whole; that is to say, by society at large or people in general, and not by what some
groups of persons may believe the community as a whole ought to accept or refuse to accept. It is a matter
 of common knowledge that customs change and that the community as a whole may from time to time find
acceptable that which was formerly unacceptable.

• The third test to be applied in determining whether given material is obscene is whether the material,
taken as a whole, lacks serious literary, artistic, political or scientific value. An item may have serious value
in one or more of these areas even though it portrays explicit sexual conduct.
• All three of these tests must be met before the material in question can be found to be obscene. If any
one of them is not met the material would not be obscene within the meaning of the law.

• DEFENCES BY MEDIA
• The defences relevant to the media are the following:
• That the article is for the public interest
• Innocent publication or possession
• That the activities portrayed in the article are so depraved as to cause repulsion (aversion) – that is, material
that is shocking or disgusting may not be obscene because it has the effect of discouraging readers or
viewers from engaging in the activity in question.

• THANK YOU