INDEPENDENT BROADCASTING AUTHORITY ACT

Arrangement of Sections

   Section

PART I
PRELIMINARY

   1.   Short title

   2.   Interpretation

   3.   Application

PART II
INDEPENDENT BROADCASTING AUTHORITY

   4.   Establishment of Authority

   5.   Functions of Authority

   6.   Authority not otherwise subject to direction

   7.   Constitution of Board

   8.   Appointments of Committee

   9.   Seal of Authority

   10.   Tenure of office and vacancy

   11.   Proceedings of Board

   12.   Committees of Board

   13.   Allowances of members

   14.   Disclosure of interest

   15.   Immunity of members

   16.   Prohibition of disclosure of information

PART III
ADMINISTRATION

   17.   Director General

   18.   Secretary and other staff

PART IV
BROADCASTING SERVICES AND LICENSES

   19.   Prohibition of provision of broadcasting service without broadcasting license

   20.   Applications for license

   21.   Commercial Broadcasting Services

   22.   Community and religious broadcasting services

   23.   Subscription broadcasting services

   24.   Free to air broadcasting services

   25.   Licensing of operator of diffusion services

   26.   Licensing procedures

   27.   Conditions of licenses

   28.   Duration of licenses

   29.   Licenses not transferable

   30.   Withdrawal of licenses

   31.   Cancellation or refusal to renew a license for interference with postal and telecommunication apparatus

   32.   Powers of President in public emergency

PART V
PROGRAMME STANDARDS AND COMPLAINTS RELATING TO BROADCASTING SERVICES

   33.   Broadcasters to determine programme standards

   34.   Complaints relating to national broadcasting services or broadcasting services provided by other broadcasters

   35.   Investigation of complaints relating to the Corporation or other broadcasters

   36.   Action of Authority where complaint justified

   37.   Proceedings on failure by Corporation or broadcasting licensee to comply with recommendation

   38.   Obligation to keep records

PART VI
FINANCIAL PROVISIONS

   39.   Funds of Authority

   40.   Financial year

   41.   Accounts

   42.   Annual Report

PART VII
INSPECTION AND GENERAL PROVISIONS

   43.   Inspectorate

   44.   Powers of inspectors

   45.   Offences and penalties

   46.   Recovery of license fees

   47.   Regulations

   48.   Transitional provisions

   49.   Act not to affect Radio-communications Act

AN ACT

to establish the Independent Broadcasting Authority and to define its functions; to provide for the control and regulation of broadcasting and diffusion services; and to provide for matters connected with or incidental to the foregoing.

[31st December, 2002]

Act 17 of 2002,

Act 26 of 2010.

PART I
PRELIMINARY

1.   Short title

   This Act may be cited as the Independent Broadcasting Authority Act.

2.   Interpretation

In this Act, unless the context otherwise requires—

...

["Appointments Committee" deleted by s 3(a) of Act 26 of 2010.]

“Authority” means the Independent Broadcasting Authority established by section 4;

“Board” means the Board of the Authority constituted under section 7;

“broadcasting” means any form of uni directional electronic communication intended for reception by—

      (a)   the public;

      (b)   sections of the public; or

      (c)   subscribers to any broadcasting service, whether conveyed by means of radio frequency spectrum or any electronic communications network or any combination thereof;

[Subs by s 3(c) of Act 26 of 2010.]

“broadcasting licence” means a licence entitling the holder of provide one or more broadcasting services;

[Ins by s 3(b) of Act 26 of 2010.]

“broadcasting licensee” means a holder of broadcasting licence;

[Ins by s 3(b) of Act 26 of 2010.]

“broadcasting service” means any service consisting of broadcasting and is conveyed by means of an electronic communications network but does not include—

      (a)   a service which provides no more than data or test, whether with or without associated still images;

      (b)   a service in which the provision of audio-visual material or audio material is incidental to the provision of that service;

      (c)   a service or a class of service, which the Authority may determine does not fall within this definition;

[Ins by s 3(b) of Act 26 of 2010.]

“community” includes a geographically defined community or any group of persons or sector of the public having a specific, ascertainable common interest;

“community broadcasting” means a broadcasting service which—

      (a)   is fully controlled by a non-profit entity and carried on for non-profitable purposes;

      (b)   serves a particular community;

      (c)   encourages members of the community served by it or persons associated with or promoting the interests of such community to participate in the selection and provision of programmes to be broadcast; and

      (d)   may be funded by donations, grants, sponsorship or advertising or membership fees, or by a combination of any of them;

“commercial broadcasting” means a broadcasting service operated for profit and controlled by a person who is not a public or community broadcaster;

“Corporation” means the Zambia National Broadcasting Corporation established under section 3 of the Zambia National Broadcasting Corporation Act;

“Chairperson” means the person elected as Chairperson of the Board under section 7;

...

["diffusion service" deleted by s 3(a) of Act 26 of 2010.]

“Director-General” means the person appointed Director-General under section 17;

“electronic communication” has the meaning assigned to it in the Information and Communication Technologies Act, 2009;

“electronic communications network” has the meaning assigned to it in Act No. 15 of 2009 the Information and Communication Technologies Act, 2009;

[Ins by s 3(b) of Act 26 of 2010.]

“free-to-air service” means a service which is broadcast and capable of being received without the payment of any subscription fee;

[Ins by s 3(b) of Act 26 of 2010.]

“local authority” means a city council, municipal council, district council or township council established under the Local Government Act;

“media support organisation” means an organisation which provides material or technical assistance to media organisations;

“member” means a member of the Board appointed under section 7;

“public broadcasting” means any broadcasting service provided by the Corporation;

[Subs by s 3(c) of Act 26 of 2010.]

“radio” means the conveyance of one or more channels of audio information by means of an electromagnetic wave most usually propagated in space, having a frequency below 3000 GHZ;

“receiver” means an apparatus in respect of which no license is required in terms of the Radio Communications Act, which is designated to be used for the reception of a broadcasting service;

“religious broadcasting” means a broadcasting service which transmits programmes of a religious nature;

“subscriber” means a person who lawfully accesses, uses or receivers a retail service of a broadcasting licensee;

[Ins by s 3(b) of Act 26 of 2010.]

“subscription broadcasting service” means a broadcasting service provided to a subscriber upon payment of a fee;

[Ins by s 3(b) of Act 26 of 2010.]

“television” means the conveyance of visual information, together with one or more channels or associated audio or suitably encoded textual information; and

“Vice-Chairperson” means the person elected as Vice-Chairperson of the Board under section 7.

3.   Supremacy of Act

If any inconsistency arises between the provisions of this Act and those of any other written law relating to the regulation of broadcasting services the provisions of this Act shall prevail to the extent of the inconsistency.

[S 3 am by s 4 of Act 26 of 2010.]

PART II
INDEPENDENT BROADCASTING AUTHORITY

4.   Establishment of Authority

There is hereby established the Independent Broadcasting Authority which shall be a body corporate with perpetual succession and a common seal, capable of suing and of being sued in its corporate name and with power, subject to the provisions of this Act, to do all such acts and things as a body corporate may by law do or perform.

5.   Functions of Authority

   (1) Subject to the provisions of this Act and the Radio communications Act, the functions of the Authority shall be to regulate the broadcasting industry in Zambia.

   (2) Without prejudice to the generality of sub-section (1), the functions of the Authority shall be—

      (a)   to promote a pluralistic and diverse broadcasting industry in

      (b)   to establish guidelines—

      (i)   for the development of broadcasting in Zambia through a public process which shall determine the needs of citizens and social groups in regard to broadcasting;

      (ii)   for the issuing of licenses, giving due regard to the need to discourage monopolies in the industry in accordance with the Competition and Fair Trading Act;

      (iii)   on the required levels of local content and other issues that are relevant for a pluralistic and diverse broadcasting industry;

      (c)   to safeguard the rational and efficient use of the frequencies allocated to broadcasters by developing a frequency plan for broadcasting, which shall be a public document, in compliance with international conventions;

      (d)   to grant, renew, suspend and cancel licenses and frequencies for broadcasting services in an open and transparent manner;

[S 5(2)(d) am by s 5 of Act 26 of 2010.]

      (e)   to enforce the compliance of broadcasting services with the conditions of the licenses issued under this Act;

[S 5(2)(e) am by s 5 of Act 26 of 2010.]

      (f)   to issue to any or all broadcasters, advisory opinions relating to broadcasting standards and ethical conduct in broadcasting;

      (g)   to oblige broadcasters to develop codes of practice and monitor compliance with those codes;

      (h)   to develop program standards relating to broadcasting in Zambia and to monitor and enforce compliance with those standards;

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