By Correspondent
HARARE, Zimbabwe – President Emmerson Mnangagwa’s assent to the Broadcasting Services Amendment Bill has ushered in a new era for Zimbabwe’s broadcasting landscape, aiming to boost funding for the public broadcaster, ensure legal compliance, and enhance service delivery. However, the legislation has been met with a mix of commendation for its progressive elements and strong criticism over provisions that critics argue threaten media independence and burden citizens.
The Bill, which seeks to rationalize, consolidate, and streamline the legal framework governing broadcasting, introduces several key changes. Proponents, including the government, assert that these amendments are crucial for aligning broadcasting regulations with the national Constitution, the Public Entities and Corporate Governance Act, and international best practices, while also adapting to technological advancements.
Key Changes Introduced by the Bill:
Funding for ZBC: A significant and highly contentious change is the mandatory requirement for motorists to possess a ZBC radio license before they can acquire vehicle insurance or renew their vehicle license from ZINARA. This measure is explicitly aimed at boosting revenue for the state broadcaster, the Zimbabwe Broadcasting Corporation (ZBC), which has historically struggled with revenue collection.
Broadcasting Authority of Zimbabwe (BAZ) Composition: The Bill reduces the number of board members for the BAZ from twelve to seven, with a new requirement for gender balance. While the aim is to promote diversity, concerns have been raised about the President’s continued prerogative in appointments, potentially impacting institutional independence.
Classification of Broadcasting Services: The legislation updates the classification of broadcasting services to include commercial, community, and subscription services, reflecting the evolution of technology and broadcasting platforms.
Local Content Quotas: The Bill increases local and African content requirements. Television sports channels will now need to broadcast at least 50% local content, while other radio and television broadcasters must have 75% local and African content. This is intended to promote Zimbabwean culture and the local broadcasting industry.
Public Service Obligations: Licensees running subscription services are now obliged to transmit “up to three” channels of the public broadcaster, with at least one unencoded.
Community Broadcasting: The Bill emphasizes community participation in the operations, programming, and governance of community broadcasting licensees, a move generally seen as sensible.
Government Airtime: Domestic broadcasters are mandated to make one hour per week available, free of charge, for the government to explain its policies to the public.
Inclusivity and Language Diversity: Amendments promote broadcasting in all languages spoken in service areas and require at least 10% of content to be accessible to people with hearing impairments.
Governance Alignment: The terms of service for BAZ board members and staff are now aligned with the Public Entities Corporate Governance Act, introducing merit-based appointments and performance-based contracts for senior staff.
Is it Good or Bad? A Divided Assessment:
The Broadcasting Services Amendment Bill has generated a polarized response:
Arguments for the Bill (The “Good”):
Enhanced Funding for ZBC: The government argues the mandatory radio license fee will provide a much-needed financial injection for ZBC, enabling it to improve service delivery and invest in better programming.
Alignment with Constitution and International Standards: Proponents highlight the Bill’s aim to align Zimbabwe’s broadcasting laws with constitutional provisions on freedom of expression and international best practices.
Promotion of Local Content and Culture: Increased local content quotas are seen as a way to bolster Zimbabwean arts, culture, and identity, and to develop local industries.
Inclusivity and Diversity: Provisions for gender balance on the BAZ board, language diversity in programming, and accessibility for people with disabilities are lauded as progressive steps.
Support for Community Radio: The explicit support for the establishment and sustainability of community broadcasting services is viewed as a positive development for grassroots media.
Modernization of Licensing: The updated classification of broadcasting services and annual calls for licensing applications are intended to streamline processes and encourage innovation.
Criticisms and Concerns (The “Bad”):
Mandatory Radio License Fee: This provision has drawn the most widespread condemnation. Critics, including opposition figures like Nelson Chamisa, label it “draconian,” “anti-citizens,” and an “unjust assault on motorists.” They argue it’s an unfair burden, forcing citizens to pay for a service they may not use and for a broadcaster often accused of biased, pro-government coverage.
Threat to Media Independence: Concerns linger about the BAZ’s independence given the President’s sole appointment power for board members, with no parliamentary oversight. The mandate for broadcasters to provide free airtime for government policies also raises questions about editorial autonomy.
Freedom of Expression: While the Bill purports to enhance freedom of expression, some legal experts argue that provisions like reflecting “Zimbabwean attitudes, opinions, ideas, values and artistic creativity” might discourage new ideas and limit exposure to foreign perspectives. The high local content quotas, while culturally beneficial, could also limit content diversity.
Lack of Public Consultation: Media support organizations, such as MISA Zimbabwe and MAZ, have expressed disappointment that the Bill seemingly disregarded public concerns raised during public hearings, leading to accusations of dishonesty against the Minister of Information.
Limited Foreign Investment: The reversal of a previously proposed 40% foreign shareholding allowance is seen as a missed opportunity to attract much-needed investment into the capital-intensive broadcasting sector. Ihe Broadcasting Services Amendment Bill represents a significant legislative overhaul for Zimbabwe’s media sector. While it brings commendable aspirations for modernization, inclusivity, and local content promotion, its implementation, particularly regarding the mandatory radio license fee and concerns over regulatory independence, will be closely watched as it shapes the future of public broadcasting and media freedom in the country.
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