Broadcasting Services Amendment Act, 2025

The Broadcasting Services Amendment Act rewrites significant parts of the Broadcasting Services Act. It came into operation on 15 July 2025 under S.I. 73 of 2025, having been corrected for textual errors by S.I. 69 of 2025.

The licensing net is extended to the internet. New definitions cover internet-based broadcasting — radio, television, podcasts and other digital media transmitted over the internet — public broadcasting services, satellite uplink and subscription management services. Section 7(2) is replaced so that a broadcasting licence may authorise public, commercial, community or subscription broadcasting, subscription management, open narrowcasting, satellite uplink systems, datacasting, internet-based broadcasting or webcasting.

The change that reaches ordinary motorists is in section 38B. ZINARA and every motor insurance company may only issue a vehicle licence or an insurance policy to a person who holds a current ZBC radio licence or a valid exemption certificate — unless the vehicle has no radio receiver, in which case the applicant must swear a declaration in a new Eighth Schedule that the vehicle is not equipped with one. The definition of "dealer" is widened to include sellers of vehicle licences and insurance policies.

On the Authority, section 4 is replaced: the Broadcasting Authority of Zimbabwe Board becomes seven members appointed by the President after consultation with the Minister and the Committee on Standing Rules and Orders — two broadcasting technology and content specialists, a Chief nominated by the Council of Chiefs, a legal practitioner and a public accountant each of at least five years' standing, a representative of churches or religious bodies from a list of six nominees, and one other member — with at least three of them women, four-year terms renewable once, and the Public Entities Corporate Governance Act applied throughout the Third and Fourth Schedules.

Content and public service obligations are recast. At least ten per cent of programming must be in officially recognised languages other than Shona and Ndebele, and for television in a form understandable to audiences with hearing impairment, while a community licensee must broadcast predominantly in the languages of the community it serves. Licensees must make one hour cumulatively a week available for the Government to explain its policies. Subscription broadcasting and subscription management licensees must carry up to three public broadcaster channels, one of them unencoded. Cross-references are updated to the Copyright and Neighbouring Rights Act and the Freedom of Information Act.

Licences for public, commercial, community and subscription broadcasting and subscription management run for ten years; open narrowcasting, satellite uplink and datacasting licences for three. Licences may not be assigned, ceded, pledged, transferred or sold, nor programming duties surrendered outside the licensee's establishment, without the Authority's written consent — any such dealing is void. The Authority must invite licence applications at least once a year subject to spectrum availability, and shortlisted spectrum applicants other than community radio must attend a public inquiry into their suitability.

The Broadcasting Fund gains the object of promoting and sustaining community broadcasting services, and the Board's regulatory powers are widened to cover technological migration, civil penalties for licence breaches, commissioning of independently produced content and language quotas within a licence area. Transitional provisions preserve existing board and staff appointments and deem anyone lawfully providing a broadcasting service to be licensed until their licence expires.