THE INDEPENDENT BROADCASTING

AUTHORITY BILL, 2023

________________

MEMORANDUM

The objects of this Bill are to provide for—

(a) the continuation of the Independent Broadcasting Authority;
(b) the facilitation of pluralism and diversity in the broadcasting industry;
(c) the protection of rights of the consumers;
(d) the regulation of broadcasting;
(e) the repeal and replacement of the Independent Broadcasting Authority Act, 2002; and
(f) matters connected with or incidental to the foregoing.

Mulilo D. Kabesha, SC
Attorney - General
 INDEPENDENT BROADCASTING AUTHORITY
ACT, 2023

ARRANGEMENT OF SECTIONS

PART I
PRELIMINARY PROVISIONS

Section

1. Short title and commencement

2. Interpretation
3. Application of Act

PART II
INDEPENDENT BROADCASTING AUTHORITY

4. Continuation of Authority
5. Seal of Authority
6. Autonomy of Authority
7. Constitution of Board
8. Tenure of Office and Vacancy
9. Allowances of Members
10. Director General
11. Immunity
12. Functions of Authority
13. Powers of Authority
14. Exercise of Functions of Authority
15. Authority to issue Guidelines
16. Competition and Advertising in Sector
17. Relations with appropriate Authorities
 PART III
LICENSING OF BROADCASTING SERVICES

18. Prohibition of operation of broadcasting services without licence

19. Licences
20. Application for licence
21. Issuance of licence
22. Conditions of licence
23. Variation of licence
24. Renewal of licence
25. Prohibition of transfer of licence
26. Change in Shareholding
27. Display of licence
28. Changes in detail or character of broadcasting programming
29. Register
30. Compliance Order
31. Cost Order
32. Protected Disclosure
33. Duplicate Broadcasting Licence
34. Cancellation and suspension of licence
35. Reviews and Appeals
36. Powers of the President in Public Emergency

PART IV

PROGRAMME STANDARDS AND COMPLAINTS RELATING TO

BROADCASTING SERVICES

37. Quality of Service

38. Code of Professional Standards
39. Handling Complaints

PART V

ENFORCEMENT AND OFFENCES

40. Appointment of Inspectors

41. Powers of Inspectors
42. Summary imposition of penalties
43. Offences and Penalties
 44. General Penalty
45. Power of Director – General to compound offences
46. Cognizable offences cap 88

PART VI
GENERAL PROVISIONS

47. Furnishing of Information to Authority

48. Regulations
49. Repeal of Act No.17 of 2002

FIRST SCHEDULE

SECOND SCHEDULE
 A BILL
An Act to continue the Independent Broadcasting Authority;
facilitate pluralism and diversity in the broadcasting
industry; protect rights of the consumers; regulate
broadcasting; repeal and replace the Independent
Broadcasting Authority Act No. 17 of 2002; and provide for
matters connected with or incidental to the foregoing.
ENACTED by the Parliament of Zambia Enactment

PART I
PRELIMINARY PROVISIONS

1. This Act may be cited as the Independent Broadcasting

Authority, 2021, and shall come into operation on the date Short title and
appointed by the Minister by statutory instrument. commencement

2. In this Act, unless the contrary intention appears — Interpretation

“Act” means the Independent Broadcasting Authority Act;

"Authority "means the Independent Broadcasting

Authority established by section four;

“broadcasting” means any form of transmission of audio or

audiovisual content intended for reception by -
(a) the public;
(b) sections of the public; or
(c) subscribers to any broadcasting service, regardless of
the means of transmission
ascribed
"broadcasting licence" means a licence entitling the holder to
provide one or more broadcasting services;

“broadcasting service” means a service that delivers broadcast

content to persons having equipment appropriate for receiving that
service, regardless of the means of transmission, but does not
include a service, or a class of services, that the Authority
determines, not to fall within this definition;
“Broadcast content” means audio visual material transmitted by a
broadcasting licensee.

“broadcasting entity” means a person providing broadcasting

services within or from outside Zambia.

“Content service provider” means a person who provides

broadcast content.
“Broadcast Charter” means the Independent Broadcasting
Authority Charter on the regulation of the Public Service
Broadcaster and State Owned Broadcasters.
"broadcasting licensee" means a holder of a broadcasting
licence;
“dealer” means a person who provides services related to
setup or operation of radio or television stations.
''free-to-air service" means a service which is broadcast and
capable of being received without the payment of any
subscription fee;

"community" includes a geographically defined community or

any group of persons or section 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;
"Chairperson" means the person elected as Chairperson of the
Board under this Act;

"Director-General" means the person appointed Director-General

under this Act;

''free-to-air channel" means a broadcasting channel whose signal

is capable of being received without the payment of any
subscription fee and is prescribed by the Minister.

“Landing rights” means licence granted to a broadcasting entity

landing foreign channels into Zambia.
 “Licence” means a broadcasting licence;

“Zambian company” means a company which is registered under

the Companies Act and in which fifty-one per centum or more of
the shares are owned by a Zambian

“Licensee” means an entity holding a broadcasting licence.

Cap. 281 "local authority" means a City Council, Municipal Council,

District Council or Township Council established under the
Local Government Act;

“Local content” means programming which serves to promote,

strengthen and safeguard national values, cultural, political, social
and economic fabric of Zambia and which is produced under the
creative control of Zambians and includes:
(a) productions of which the producer, director or
scriptwriter is Zambian; and
(b) productions of which at least half of the leading
actors, including voice actors, or on-screen presenters
appearing in the production are Zambian; and
(c) productions produced and post-produced in Zambia;
and
(d) in the case of an animated production, the production
satisfies at least three of the following requirements:
i) the production designer is Zambian;
ii) the character designer is Zambian;
iii) the supervising layout artist is Zambian;
iv) the supervising storyboard artist is Zambian;
and
v) the key background artist is Zambian.

(e) production of which the language used is one or more

of the Zambian local languages.

"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 seven;
"public broadcasting service" means a broadcasting service
which serves the overall public interest, supported by the public
and is accountable to the public as represented by an
independent board;

“Minister” means Minister responsible for broadcasting services.

“online” means a networked environment available via the
internet whereby content is accessible to or by the public
whether for a fee or otherwise;

“Online broadcasting licensee” means a holder of an online

broadcasting licence issued by the Authority;

“Online broadcasting” means broadcasting services delivered

over Internet Protocol (IP)-based networks; such as Internet
Radio, Internet Television or Internet Protocol Television
(IPTV), Video on Demand (VOD), Web-TV, systematically
managed by a person, but does not include:
a) services excluded in the Act;
b) personal or corporate audio or audio-visual
communication;
c) a service which provides no more than data or text,
whether with or without audio or video clips such as
online newspapers, blogs, weblogs, audio or audio-visual
clips; or any other similar service;
d) Personal audio or audio-visual streaming on social media
or any other similar service;
e) A service or class of service which the Authority may
determine does not fall within this definition.

“online radio” means radio broadcasting service which is

operated or provided online;

“online television” means television broadcasting service

operated or provided online;
“person” means a human or artificial entity recognised by the law
as separate and independent, with legal rights and existence
including the ability to sue and be sued;
“Public service broadcaster” means a broadcaster created by an
act of Parliament and regulated through a broadcast Charter, to
educate inform and entertain while serving the overall public
interest without pressure from political and commercial forces, or
any other form.

"Radio" means the conveyance of audio broadcast content,

together with suitably encoded textual information or still
images;

"religious broadcasting" means a broadcasting service which

transmits programmes of a religious nature,"
“Sector” means the broadcasting sector.
 “State Owned Broadcaster” means a broadcasting station whose
shareholding is wholly Government, and whose broadcast
content and programming is restricted to its sectoral mandate.
"subscriber" means a person who lawfully accesses, uses or
receives a broadcasting service; and
"subscription service" means a broadcasting service provided
to a subscriber upon payment of a fee;
“subscriber management service” means a subscription
broadcasting service provided by a licensee;

“Subscriber Management Service Provider” means person who

provides subscriber management services.

"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 this Act.

3. This Act shall not apply to print media. Application

of Act

PART II
INDEPENDENT BROADCASTING AUTHORITY

4. (1) The Independent Broadcasting Authority established under the Continuation

repealed Act shall continue to exist as if established under this of Authority
Act. Act No.17
of 2002
(2) The Authority shall be a body corporate with a common seal,
capable of suing and of being sued and, subject to the provisions
of this Act, capable of performing all such acts and things as a
body corporate may, by law, do or perform.

(3) The provisions of the Schedules apply to the Authority.

5. (1) The seal of the Authority shall be such device as may be Seal of
determined by the Board and shall be kept by the Secretary. Authority
 (2) The affixing of the seal shall be authenticated by the Chairperson
or the Vice-Chairperson and the Secretary or any other person
authorised in that behalf by a resolution of the Board.

(3) Any contract or instrument which, if entered into or executed by

a person not being a body corporate, would not be required to be
under seal, may be entered into or executed without seal on
behalf of the Authority, by the Secretary or any other person
generally or specifically authorised in that behalf by the
Authority.

(4) Any document purporting to be under the seal of the Authority or

issued on behalf of the Authority shall be received in evidence
and shall be deemed to be so executed or issued, as the case may
be, without further proof, unless the contrary is proved.

6. Except as otherwise provided in this Act, the Authority shall be Autonomy of

an autonomous body and shall not be subject to the direction of Authority
any other person or authority.

7. (1) There is hereby constituted the Board of the Authority which shall Constitution of
be the governing body of the Authority and shall exercise and Board
perform the powers and functions of the Authority.

(2) The Board shall consist of nine-part time members appointed by

the Minister.

(3) A person shall not be qualified to be appointed to the Board unless

the person is committed to fairness, freedom of expression,
openness and accountability and when viewed collectively the
persons so appointed shall be representative of a broad cross
section of the population of the Republic.

(4) The Chairperson and the Vice-Chairperson shall be elected by the

members from amongst themselves.

(5) A person shall not be appointed as a member of the Board if that

person -
a) is not a citizen of Zambia;
b) is not permanently resident in Zambia;
c) is a member of Parliament or local authority;
d) is an office-bearer or employee of any political party;
e) is a director or has direct or indirect financial interest in
the broadcasting industry; or
8. (1) Subject to the other provisions of this Act, a member of the Board Tenure of
shall hold office for a period of three years from the date of office
appointment and may be re-appointed for one further term of three and vacancy
years.
(2) On the expiration of the period for which a member is appointed,
the member shall continue to hold office until the member's
successor is appointed but in no case shall such further period
exceed twelve months.

(3) The office of a member shall become vacant —

(a) upon resignation;
(b) upon the death of the member;
(c) if that member without good cause or approval of the
Chairperson is absent from three consecutive meetings of
the Board of which that member had notice;
(d) if that member is adjudged bankrupt;
(e) if that member joins politics;
(f) if the member is declared to be of unsound mind; or
(g) if the member is convicted for any offense involving
dishonesty for more than six months by any court without
an option of a fine.

(4) A member may resign from office by giving one month's notice in
writing to the Minister.

(5) Whenever the office of a member becomes vacant before the

expiry of the term of office the Minister may, appoint another
member in place of the member who vacates office but such
member shall hold office only for the unexpired part of the term.

9. A member of the Board or any committee of the Board shall be Allowances of

paid such allowances as the Board may, with the approval of the members
Minister, determine.

10. The Board shall appoint the Director-General on such terms and Director-
conditions as the Board may determine, a suitably qualified and General
experienced person as Director-General who shall be the chief
executive officer of the Authority and who, subject to the general
or special direction of the Board, shall be responsible for the
carrying out of the provisions of this Act.

11. (1) The Director General shall be the Chief Executive Officer of the Board
Authority, and shall be responsible for the management of the Secretary
affairs of the Authority in accordance with the policies and
directions of the Board

(2) The Director – General shall be the Secretary to the Board.

12. 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.

13. An action or other proceeding shall not lie or be instituted against Immunity
the Director General or a member of staff of the Authority or a
member of any committee or a member of the Board for or in
respect of any act or thing done or omitted to be done in good faith
in the exercise or purported exercise of, or performance of, any of
the powers, functions or duties conferred under this Act.

14. (1) Subject to the provisions of this Act and any other written Functions of
law, the functions of the Authority shall be to regulate the Authority
broadcasting industry in Zambia.

(2) Without prejudice to the generality of subsection (1), the

functions of the Authority shall be to —
a) promote a pluralistic and diverse broadcasting industry;
b) monitor the performance of the sector;
c) safeguard the rational and efficient use of the frequencies
allocated to broadcasters;
d) grant, renew, suspend, revoke and cancel licences for
broadcasting in an open and transparent manner;
e) enforce the compliance of broadcasting services with the
conditions of the licences issued under this Act;
f) to issue to any or all broadcasters, advisory opinions
relating to broadcasting standards, ethical conduct and
any other matter related to broadcasting services;
g) set and determine the quantum of any fee under this Act
in consultation with the Board, and the period or periods
to which such fees shall be applicable;
h) to regulate the Public Service Broadcaster and State
Owned Broadcasters Services via a Charter
i) oblige broadcasters to develop codes of professional
standards and monitor compliance;
j) develop programme standards relating to broadcasting in
Zambia and to monitor and enforce compliance with
those standards;
k) ensure the provision of high quality and competitive
programming among providers of broadcasting services;
l) ensure broadcasters develop programming that reflects
the Zambian identity, character, and culture;
m) ensure providers of broadcasting services are responsive
to the need for a fair and accurate coverage of matters of
public interest and local significance;
n) ensure providers of broadcasting services place a high
priority on the protection of children from exposure to
programme material which may be harmful to them;
 o) receive, investigate and decide on complaints concerning
broadcasting services;
p) develop regulations for the sector related to –
(i) sponsorship;
(ii) ownership;
(iii) content;
(iv) election broadcasting;
(v) online broadcasting;
(vi) community broadcasting;
(vii) commercial broadcasting;
(viii) educational broadcasting;
(ix) religious broadcasting; and
(x) any other broadcasting.

q) perform such other functions as may be conferred on it

by this or any other Act; and
r) to do all such other acts and things as are connected with
or incidental to the functions of the Authority under this
Act.
s) enforce and implement this Act.

15. The Authority, in accordance with this Act, may— Powers of

(a) monitor compliance with codes and standards under Authority
Part V of this Act;
(b) compel broadcasters to publish age restrictions for
broadcast content aired;
(c) conduct or co-ordinate community education programs
about broadcasting services, in consultation with relevant
industry and consumer groups and government agencies;
(d) conduct or commission research into matters relating to
the broadcasting sector;
(e) coordinate with regulatory and other relevant bodies
abroad about co-operative arrangements for the
regulation of the broadcasting industry, including (but
not limited to) collaborative arrangements to develop—
(i) multilateral codes of practice; and
(ii) content labelling technologies;
(f) create a fund for supporting Community Broadcasting
Services; and
(g) advise the Minister on developments and trends in the
broadcasting industry.
16. (1) Except as otherwise provided under this Act, the Board shall Exercise of
exercise the functions and powers of the Authority relating to or functions of
connected with— Board
(a) policy matters;
(b) the granting, varying, suspension, cancellation,
revocation and renewal of licences;
(c) the establishment or issuance of guidelines and
standards; and
(d) the making of recommendations to the Minister for
amendments to this Act or the issuance of rules or
regulations under this Act.

(2) The Board shall exercise the powers under this Act with equity,
fairness, and natural justice.

(3) The Board shall carry out such other functions specifically
assigned to the Board under this Act.

17. (1) In the exercise of its functions under this Act, the Authority may Authority to
make such guidelines as are necessary for the better carrying out Issue
of the provisions of this Act. Guidelines

(2) The Authority shall publish all the guidelines issued under this
Act in a daily newspaper of general circulation in Zambia or the
Authority’s website, and the guidelines shall not take effect until
they are so published.

(3) The guidelines issued by the Authority under this Act shall bind
all persons regulated under this Act.

(4) A person who contravenes or fails to comply with a provision of a

guideline or decision issued by the Authority under this Act, shall
pay a fine not exceeding seventy thousand penalty units, and forty
thousand penalty units for each day of continued default.

18. The Authority may consult the relevant bodies on any matter Competition
relating to competition and advertising in the broadcasting sector. and
Advertising in
Sector

19. The Authority may liaise, consult, collaborate and cooperate with Relations with
all the relevant authorities in the management and development appropriate
of broadcast sector. Authorities
 PART III
LICENSING OF BROADCASTING SERVICES

20. (1) Subject to the provisions of this Act, a person shall not operate or Prohibition of
provide a broadcasting service in Zambia without a broadcasting operation of
licence. broadcasting
service without
(2) A person who contravenes subsection (1) commits an offence and licence
is liable, upon conviction, to a fine not exceeding five hundred
thousand penalty units or to imprisonment for a period not
exceeding five years, or to both.

(3) In addition to penalties imposed under subsection (2), if it is a

repeat offence, a person shall be liable to a further fine not
exceeding forty thousand penalty units for every day or part of a
day during which the offence has continued but not exceeding
five hundred thousand penalty units.

21. (1) The Board shall issue broadcasting licences for the purposes of Licences
this Act.

(2) The Board shall, in respect of subsection (1), issue the following
classes of licence:
(a) radio;
(b) television;
(c) online broadcasting;
(d) subscriber management service;
(e) landing rights;
(f) any other class of licence or a combination
of broadcast services;

(3) Notwithstanding Subsection 2, the Minister may prescribe

number and names of channels to be under the free-to-air
broadcasting category.

22. The Board shall, through a public inquiry or otherwise, if it Advertisement

determines that there is need for the provision of broadcasting for provision of
services, publish a notice in a print and/or electronic media of broadcasting
wide circulation/coverage, inviting applications for licences to services
provide the broadcasting service specified in the notice.

23. An application for a broadcasting service licence shall be Application for

made to the Board in the prescribed form and manner and shall licence
be accompanied by the prescribed fee and such information or
documents as may be prescribed or as the Authority may
require.
24. (1) The Board may issue a broadcasting license subject to the Issuance of
provisions of this Act and to such terms and conditions as the Licence
Board may prescribe.

(2) Notwithstanding subsection (1) and subject to the provisions of

this Act, a licence shall not be granted to entities where: —

(a) Person(s) is under the age of twenty—one years;

(b) Person(s) holds a position in a political party;
(c) Person (s) who has been convicted of forging a broadcasting
licence or of making use of a forged broadcasting licence;
(d) Person (s) who has been convicted without option of a fine,
whether under this Act or any other law;
(e) Person (s) who has been disqualified under this Act from
holding a licence while such disqualification remains in force;
(f) Person (s) whose licence has been forfeited until after the
expiration of five years after the date of such forfeiture.
(g) Person (s) who is not a citizen of Zambia. In this section,
“citizen of Zambia” in relation to a body corporate means a
company in which not less than sixty percent of shares are
held by citizens of Zambia

(3) A licence shall not be granted to a political party, or organisation

or a legal entity formed by a political party or organisation.
(4) The Board shall, within ninety days of receipt of an application
under subsection (1), grant or reject the application.

(5) The Board shall communicate its decision in respect of an

application for a licence to the applicant, in writing, within
fourteen days of such decision.

(6) The Board shall, where it rejects an application under

subsection (4), inform the applicant accordingly and give the
reasons thereof.

25. (1) A licensee may apply to the Board for variation of the licence. Variation of
licence

(2) The Board shall consider an application under subsection (1) and
may grant or reject the variation.

(3) Where the Board rejects an application in subsection (2), it shall

give reasons thereof.

(4) The Board in considering the application in subsection (2), shall

consider the necessity and public interest of such an application
and other terms and conditions that the Board may prescribe.
26. (1) A licensee may, before the expiry of a licence, apply for the Renewal of
renewal of the licence in the prescribed manner and form, upon licence
payment of the prescribed fee.

(2) An application under subsection (1), shall be submitted to the

Board within twelve months but not less than six months before
the expiry of a licence.

(3) The Board may, where a broadcasting licensee makes an

application under subsection (1), renew the licence if the licensee
satisfies the terms and conditions of the licence and other
requirements as may be prescribed by the Board

(4) Where the Board rejects an application in subsection (1), it shall

give reasons thereof;

(5) A broadcasting licence that is not renewed in accordance with

subsection (1) is void.

27. (1) A broadcasting licence issued under this Part shall not be Prohibition of
transferred, bought, sold, assigned, leased, mortgaged or Transfer of
charged to a third party. licence

(2) A person who contravenes subsection (1) commits an offence and

is liable, upon conviction, to—
(a) a fine not exceeding six hundred thousand penalty units
or to imprisonment for a period not exceeding six years,
or to both;
(b) payment of expenses relating to the prosecution;
(c) forfeiture to the Authority of any pecuniary resource,
profit or gratification received in the commission of an
offence under this Act within thirty days of the
conviction;
(d) cancellation of licence.

28. (1) A broadcasting licensee who intends to make changes in Change in

shareholding, shall seek approval of the Board. Shareholding

(2) The Board may grant the approval referred to in subsection (1).

(3) In the event of death, incapacitation, bankruptcy or in accordance

with Section (22) (2), of a shareholder, the licensee shall apply to
the Board for change in shareholding in a prescribed manner and
form.

(4) A person who contravenes subsection (1) commits an offence and

is liable, upon conviction, to—
(a) a fine not exceeding six hundred thousand penalty units
or to imprisonment for a period not exceeding four
years, or to both;
 (b) payment of expenses relating to the prosecution;
(c) forfeiture to the Authority of any pecuniary resource,
profit or gratification received in the commission of an
offence under this Act within thirty days of the
conviction;
(d) cancellation of licence.

29. (1) A broadcasting licensee shall display the broadcasting licence Display of
in a conspicuous place at the place of business of the Licence
broadcasting licensee.

(2) A person who contravenes subsection (1) is liable to a fine not

exceeding two hundred thousand penalty units.

30. (1) A licensee shall, where the licensee intends to make changes to Changes in
the character of the broadcasting programming, apply to the character of
Authority for change of the character of the programming. broadcasting
(2) The Authority shall, where it is satisfied of the proposed change programming
in the application referred to in subsection (1), grant the
application.

(3) A person who contravenes subsection (1) is liable, to a fine not

exceeding two hundred thousand penalty units.

31. (1) The Authority shall keep and maintain a Register under this Act, Register
in which the Authority shall enter—

(a) the names and other details relating to the licensees;

(b) any other information that the Authority considers
necessary for purposes of this Act.
(2) The Register referred to in sub section (1), shall be kept at such
places as the Authority may determine, and shall be open to the
public at such times and on such conditions, including the
payment of fees, as may be determined by the Authority.
32. (1) The Director-General may, where the Director General has Compliance
reasonable grounds to believe that any condition of a licence Order
issued under this Act has been breached, serve a compliance
order on the licensee requiring the licensee to remedy the breach
within the period stipulated in the order.

(2) A compliance order issued under subsection (1) shall require the
licensee to take specified measures as prescribed.

(3) Where the licensee does not remedy the breach in subsection (1)
or an imminent risk of significant adverse effect to broadcasting
has been identified, the Director General shall refer such
compliance orders to the Board for their determination.
 (4) For the purposes of this section “adverse effect” is an act which
will endanger public safety, security, peace, welfare or good
order.

33. (1) The Board may, in addition to any penalties recover from the Cost
licensee, costs under section 30 as may be prescribed Order

(2) A cost order shall be enforced as if it were an order of court.

34. A disclosure made by a person who, in good faith, believed at the Protected
time of the disclosure that the person was disclosing evidence of disclosure
a broadcasting risk is a protected disclosure for the purposes of Act
the Public Interest Disclosure (Protection of Whistleblowers)
Act.

35. (1) A broadcasting licensee whose licence is destroyed or lost shall Duplicate
apply to the Director-General for a duplicate broadcasting licence licence
in the prescribed manner and form upon payment of the
prescribed fee.

(2) The Director-General may upon receipt of the application under

subsection (1), issue a duplicate broadcasting licence to the
applicant.

(3) A licensee who loses or destroys the licence under subsection (1)
and does not apply for a duplicate within a reasonable time, shall
be fined not more than twelve thousand penalty units.
36. (1) Subject to the other provisions of this section, the Board may Cancellation
cancel or suspend a licence if — and suspension
of licence
a) the broadcasting licensee informs the Board, in
writing, that the broadcasting licensee does not intend
to provide broadcasting services any longer;
b) the Board has reasonable grounds to believe that the
broadcasting licence was obtained through fraud,
misrepresentation, concealment of a material fact or
submission of incorrect information;
c) the broadcasting licensee has not, within one hundred
and eighty days of the issue of the broadcasting licence,
commenced the business for which the broadcasting
licence was issued;
d) the broadcasting licensee provides a broadcasting
service that the broadcasting licensee is not licensed to
provide;
e) the period for which the broadcasting licence was issued
has lapsed;
f) the broadcasting licensee is convicted of an offence
involving fraud or dishonesty, or any other offence
under this Act or any other written law and sentenced
therefore to a term of imprisonment of six months or
more without option of a fine;
g) from the issue of the broadcasting licence,
circumstances have arisen disqualifying the
broadcasting licensee from holding the broadcasting
licence;
h) the broadcasting licensee, without a justified reason, has
ceased to provide the broadcasting services, for which
the broadcasting licence was obtained, for more than
sixty consecutive days or ninety days with intermissions
during the calendar year;
i) the broadcasting licensee has failed, in spite of written
notice, to comply with the conditions of the
broadcasting licence;
j) the cancellation of the licence is necessary in the interest
of public safety, security, peace, welfare or good order;
or
k) the Board considers it appropriate in the circumstances
of the case to do so.

(2) Where a broadcasting licensee does not comply with this Act or
with the conditions of the broadcasting licence, the Authority
shall issue a directive to the broadcasting licensee of the
measures that the broadcasting licensee should undertake,
within a specified period, to comply with the conditions of this
Act or the broadcasting licence.

(3) The Authority shall, where a broadcasting licensee fails to

comply with a notice issued under subsection (2), within a
specified period of time, suspend the broadcasting licence for
a specified period of time or cancel the broadcasting licence.
 (4) The Authority shall not be liable to refund a broadcasting
licensee whose broadcasting licence is cancelled in terms of this
section, the fee or any portion of the fee paid on the issue of the
broadcasting licence.
(5) Where a broadcasting licence is cancelled under this section, the
broadcasting licence shall be void and shall be surrendered to the
Authority.
(6) The Board may, before cancelling a broadcasting licence, suspend
the broadcasting licence for such period and on such terms and
conditions as the Board may determine.

(7) T he Board shall, before cancelling or suspending a broadcasting

licence under this section, give the broadcasting licensee an
opportunity to be heard.
(8) Notwithstanding subsection (7), the Board may suspend a
broadcasting licence for failure to pay appropriate fees in respect
of Subsection (1) (i).

(9) Notwithstanding subsection (7), the Board may suspend a

broadcasting licence in respect of Subsection (1) j

(10) The Authority shall not be liable to refund a licensee whose licence
is cancelled under this section, the fee or any portion of the fee
paid on the issue of the licence.

(11) The Board may, where it suspends or cancels a licence under this
section, publish the suspension or cancellation.
37. (1) A person who is aggrieved with the decision of the Board under this Reviews and
Act may apply to the Board to review its decision if: Appeals
i) The person has fresh evidence that was not available on
reasonable grounds, and;
ii) The application is made within 14 days from the date the
decision of the Board is communicated.
iii) Where an application has been made, the Board shall
consider the application and communicate its decision within
ninety days.
(2) A person who is aggrieved with a decision of the Board under this
Act may appeal to the Minister within thirty days and the Minister,
where practically possible, shall determine the appeal within thirty
days.

(3) A person who is aggrieved with a decision of the Minister under

subsection (2) may appeal to the High Court within thirty days.
38. (1) Where there is in force a proclamation of a state of public emergency or Powers of
threatened public emergency under the Constitution the President may President in
make an order authorising an officer or an authority, public
emergency
in the public interest, to-
Cap I
(a) take over all broadcasting stations or any particular
broadcasting station in Zambia; and
(b) 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.
(2) When an officer or an authority is authorised to take over a
broadcasting station in terms of subsection (I), 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.

(3) Reasonable compensation shall be paid from monies appropriated for

the purpose by Parliament, to a person who suffers loss or damage
through the exercise of the powers conferred by this section in such
amount as may be agreed between the person and the Minister.

(4) If a dispute arises as to the amount of compensation payable in terms

of subsection (3), any person claiming to be entitled to
compensation may refer such dispute to a court.

(5) In determining the amount of any compensation (including costs or

expenses) payable under this section, the Court and every other person
shall have due regard to the fact that the take-over has been
necessitated by a state of public emergency.

(6) 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.
 PART IV
PROGRAMME STANDARD AND COMPLAINTS
RELATING TO BROADCASTING SERVICES

39. (1) All licensees shall, in respect of their specific services— Quality of
Service
(a) meet such minimum code of professional standards as the
Authority may prescribe;
(b) deal reasonably with consumers; in accordance with the
guidelines issued by the Authority under this Act; and
(c) address consumer complaints; in accordance with the
guidelines issued by the Authority under this Act.

40. (1) A licensee shall develop a code of professional standards which Code of
shall comply with the following minimum requirements— Professional
(a) respect for human dignity and human rights and standards
freedoms, and contribution to the tolerance of different
opinions and beliefs in accordance with the Zambian
Laws;
(b) comprehensive, unbiased and independent news
broadcast and current affairs programmes with
commentary clearly distinguished from news
(c) observance of procedures for correcting factual errors
and redressing unfairness;
(d) observance of the principle of the right to reply;
(e) protection of the integrity of minors by clearly
classifying and distributing programmes that could not
endanger the development of a child in a way with the
least possibility for a child to use it; and
(f) clear separation of advertisements from other programme
outputs.

(2) A licensee shall submit a code of professional standards referred

to in Subsection (1), at the point of application for a broadcasting
licence.

41. (1) The Authority shall establish guidelines for handling of Handling
complaints of consumers regarding the provision of services complaints
regulated under this Act.
 (2) The guidelines issued by the Authority under subsection (1) may
include procedures for—

(a) meeting consumer needs and requirements;

(b) the handling of consumer complaints and disputes, other
than resolution of matters in the courts;
(c) correcting the breach of the code of conduct that may
have been caused;
(d) the protection of consumer information;
(e) any other matter relating to the provision of services
under this Act.

(3) The Authority may resolve complaints from consumers in

relation to matters of service provision and consumer protection
or the failure by a licensee to comply with consumer protection
guidelines issued by the Authority under this Act.

PART V
ENFORCEMENT AND OFFENCES

42. (1) In order to ensure compliance with the provisions of this Act, the Appointment
Authority shall appoint such inspectors or part-time inspectors as of Inspectors
may be necessary for the performance of its functions.

(2) Every inspector shall be provided with identification which shall

be prima facie evidence of the inspector's appointment as such.

(3) Any inspector carrying out any functions under this Act shall on
demand by any person who is affected by the inspector's exercise
of power, produce for inspection the identification referred to in
subsection (2).

43. (1) An inspector may, for the purpose of enforcing the Powers of
provisions of this Act, at any reasonable time and without notice: Inspectors

(a) inspect the broadcast licence;

(b)enter and inspect the licensed premises;

(c) inspect broadcast equipment in or about the licensed

premises;

(d) have access to and inspect, examine and audit

documents, books and records, of the licensee
representing the revenues under the licence;
 (e) make copies of, extracts from, a document, book, record
or other document relating to the licensed activity on
any premises that has a bearing on an inspection; and

(f) remove from the licensed premises any broadcast equipment

and material used in contravention of this Act

(3) Where an inspector is satisfied that a person has contravened any

provision under this Act, the inspector may serve on that person
notification in the prescribed form.

(4) A person who obstructs or hinders an inspector in the exercise of

any powers under this Act or who neglects or fails to comply with
an order commits an offence and is liable, upon conviction, to a
fine not exceeding one hundred thousand penalty units or to
imprisonment for a period not exceeding one year, or to both.

44. An inspector may, where satisfied that any person has committed Summary
an offence for which the penalty does not exceed two hundred imposition of
thousand penalty units or where a person has admitted the penalties
commission of an offence under this Act for which the penalty
does not exceed two hundred thousand penalty units, summarily
cause to be demanded from the person the payment of a fine not
exceeding one hundred thousand penalty units in respect of the
offence.

45. (1) A person shall —

Offences and
(a) register as a dealer with the Authority when required to do penalties
so under this Act;
(b) furnish a return or to supply information to the Authority
in the manner and in the time prescribed;
(c) not furnish a false or incomplete return or incomplete
information to the Authority;
(d) not on being required to do so fail or refuse to produce to
an inspector a licence issued under this Act or a book,
record or document relating to receivers which is in that
person's possession or under that person's control;
(e) not wilfully delay or obstruct an inspector of the Authority
in the exercise of the powers conferred upon the inspector
by or under this Act;
(f) not fail or refuse without reasonable cause to give
information to an inspector of the Authority in the exercise
of the powers conferred upon the inspector by or under
this Act;
(g) not fail or refuse, without reasonable cause to do anything
when required to do so by an inspector in terms of section
forty- four;
 (h) not make a declaration or statement which the person
knows to be false in any material particular or does not
know or believe to be true or knowingly makes use of a
declaration or statement of document containing the same
for the purposes of obtaining whether for oneself or
another person, the issue of a license in terms of this Act

(2) A person who contravenes any provision in Subsection (1),

commits an offence and shall be liable, on conviction, to a fine not
exceeding three hundred thousand penalty units or to
imprisonment for a term not exceeding two years, or to both.

46. A person who contravenes or fails to comply with a provision of General

this Act for which a penalty is not provided, commits an offence Penalty
and is liable, upon conviction, for each such breach, to a fine not
exceeding two hundred thousand penalty units or to imprisonment
for a period not exceeding two years, or to both.

47. (1) Where the Authority is satisfied, after an investigation, or where Power of
any person admits that the person has committed an offence under Director-
this Act, the Director-General may compound the offence by General to
collecting from that person such sum of money not exceeding compound
eighty percent of the fine or penalty as prescribed in this Act, to offences
which that person would have been liable on conviction.

(2) The payment of a fine under subsection (1) shall operate as a bar
to any further criminal proceedings against the person making the
payment in respect of the offence so compounded.

(3) The Authority shall give a receipt to the person making the
payment in respect of the offence so compounded.

48. An offence under this Act shall be deemed to be cognizable for the Cognizable
purposes of the Criminal Procedure Code. offence
Cap.88

PART VI
GENERAL PROVISIONS

49. (1) The Authority may request any licensee to furnish within such Furnishing of
period as the Authority may determine such documents and other Information
information as the Authority may require for the better carrying to Authority
out of its functions under this Act.

(2) A person who without reasonable cause fails to furnish

information in accordance with subsection (1) shall be fined an
amount not exceeding eighty thousand penalty units.
50. (1) The Minister may, on the recommendation of the Authority, Regulations
make regulations for the better carrying out of the provisions of
this Act

(2) Without prejudice to the generality of subsection (1) the

regulations made under that subsection may provide for-
(a) the registration of dealers with the Authority and the
information to be supplied to the Authority in connection
with applications for registration;
(b) the fees payable under the Act;
(c) the form and manner in which applications for licences
are to be made and the information to be supplied in
connection therewith;
(d) the form of licences, the terms and conditions subject to
which the licences shall be issued and the periods for
which licences shall remain in force; and
(e) anything which is required to be prescribed under the
Act.

(3) The Minister may, on the recommendation of the Authority,

amend the Schedules to this Act.

51. (1) The Independent Broadcasting Authority Act, 2002, is hereby Repeal of
repealed. Act No. 17
of 2002

FIRST SCHEDULE

ADMINISTRATION OF AUTHORITY

PART I

THE BOARD OF THE AUTHORITY

1. (1) Subject to the other provisions of this Act, the Board may regulate Proceedings of
its own procedure. Board

(2) The Board shall meet for the initial transaction of business at such
place and time as the Chairperson may determine, and thereafter
the Board shall meet for the transaction of business at least once in
 three months at such places and at such times as the Board may
determine.

(3) A meeting of the Board may be called upon giving such notice as
may be prescribed by the Board in the Board Charter. A meeting
of the Board shall be called by the Chairperson.

(4) A meeting of the Board shall be called by the Chairperson if not

less than two thirds of the members so request in writing:

(5) Provided that if the urgency of any particular matter does not
permit the giving of such notice, a special meeting may be called
upon giving a shorter notice.

(6) There shall preside at any meeting of the Board —

(a) the Chairperson;
(b) in the absence of the Chairperson, the Vice-Chairperson;
or
(c) in the absence of the Chairperson and the Vice-
Chairperson such member as the members present shall
elect for the purpose of that meeting.

(7) Five members shall form a quorum at any meeting of the Board.

(8) A decision of the Board on any question shall be by a majority of

the members present and voting at the meeting and in the event of
an equality of votes, the person presiding at the meeting shall have
a casting vote in addition to that person's deliberative vote.

(9) The Board may invite any person whose presence is in its opinion
desirable, to attend and to participate in the deliberations of a
meeting of the Board but such person shall have no vote.

(10) The validity of any proceedings, act or decision of the Board shall
not be affected by any vacancy in the membership of the Board or
by any defect in the appointment of any member or by reason that
any person not entitled so to do took part in the proceedings.

(11) The Board shall cause minutes to be kept of the proceedings of

every meeting of the Board and of every meeting of any committee
established by the Board.

2. (1) The Board may, for the purpose of performing the functions under Committees of
this Act, establish committees and may delegate to any such Board
committee such of its functions as it thinks fit.
 (2) The Board may appoint as members of a committee established
under subsection (1), persons who are or are not members of the
Board except that at least one member of a committee shall be a
member of the Board.

(3) A person appointed as a member of a committee under subsection

(2) shall hold office for the period which the Board shall
determine.

(4) Subject to any specific or general directions of the Board any

committee established under subsection (1) may regulate its own
procedure.

(5) The Board shall appoint the Chairperson of a committee from

amongst the members who are Board members.

3. (1) If a member or person is present at a meeting of the Board or any Disclosure of

committee of the Board at which any matter is the subject of interest
consideration and in which matter the member, person or that
member's or person's immediate family member is directly or
indirectly interested in a private capacity, the member or that
person shall, as soon as practicable after the commencement of the
meeting, disclose such interest in writing and shall not participate
in the proceedings thereof.

(2) A disclosure of interest made under this section shall be recorded

in the minutes of the meeting at which it is made.

(3) If a member or person participates in the proceedings of the Board

while knowingly holding a conflict of interest, the member or
person commits an offence and shall be liable, upon conviction, to
a fine not exceeding thirty thousand penalty units or to
imprisonment for a term not exceeding two years, or to both.

4. (1) The Director-General may appoint, on such terms and conditions staff
as the Board may determine, such other staff of the Authority as it
considers necessary for the performance of the functions of the
Authority under this Act.

5. (1) A person shall not without the consent in writing given by, or on Prohibition of
behalf of, the Board, publish or disclose to any person otherwise disclosure of
than in the course of the person's duties, the contents of any information
document, communication or information which relates to, and
which has come to the person's knowledge in the course of the
person's duties under this Act.

(2) Any person who contravenes subsection (1) commits an offence

and shall be liable, upon conviction, to a fine not exceeding thirty
thousand penalty units or to imprisonment for a term not exceeding
two years, or to both.
 (3) If any person having information which to that person's knowledge
has been published or disclosed in contravention of subsection (1)
unlawfully publishes or communicates any such information to
any other person, that person commits an offence and shall be
liable, upon conviction, to a fine not exceeding thirty thousand
penalty units or to imprisonment for a term not exceeding two
years, or to both.

PART II

FINANCIAL PROVISIONS

1. (1) The Funds of the Authority shall consist of— Authority

(a) such moneys as may be appropriated by Parliament for the
purposes of the Authority;
(b) such moneys or assets as may accrue to, or vest in, the
Authority by way of grants, levies, subsidies, bequests,
donations, gifts, subscriptions, rents, interests or royalties;
(c) such sums as may be realised from the sale of any property
by or on behalf of the Authority;
(d) Fees or fines payable in respect of licences issued under
this Act; and
(e) such moneys or assets as may howsoever accrue to or vest
in the Authority.

The Authority may —

(2) (a) accept moneys by way of grants or donations from any

source in the Republic and, subject to the approval of the
Minister from any source outside Zambia;
(b) raise moneys by way of loans or otherwise from any
source in the Republic and, subject to the approval of the
Minister, from any source outside Zambia, as it may
require for the discharge of its functions; and
(c) in accordance with the Regulations made under this Act
charge and collect fees for services provided by the
Authority.
(d) The Authority may invest excess funds that it does not
immediately require for the performance of its functions
under this Act.

(3) There shall be paid from the funds of the Authority—

(a) the salaries, allowances and loans of the staff of the

Authority;
(b) such reasonable travelling, transport and subsistence
allowances for the members and members of any
committee of the Authority when engaged in the business
 of the Authority, and at such rates as the Authority may
determine; and
(c) any other expenses incurred by the Authority in the
performance of its functions.

2. The financial year of the Authority shall be the period of twelve Financial year
months ending on the 31st December in each year.

3. (1) The Authority shall cause to be kept proper books of accounts and Accounts
other records relating to its accounts.

(2) The accounts of the Authority shall be audited annually by the

Auditor-General or auditor appointed by the Auditor-General.

4. (1) As soon as practicable, but not later than three months after the Annual report
financial year, the Authority shall submit to the Minister a report
concerning its activities during that financial year.

(2) The report referred to in subsection (1) shall include information

on the financial affairs of the Authority and there shall be
appended thereto —

(a) a balance sheet;

(b) an audited statement of income and expenditure; and
(c) such other information as the Minister may require.

(3) The Minister shall, not later than thirty days after the first sitting
of the National Assembly next after receipt of the report referred
to in subsection (1), lay it before the National Assembly.
 SECOND SCHEDULE

SAVINGS AND TRANSITIONAL PROVISIONS

1. (1) For the avoidance of doubt, a person who, before the appointed Staff of
date, was an officer or employee of the Authority, shall continue Authority
to be an officer or employee of the Authority, as the case may be,
as if appointed or employed under this Act.

(2) The service of the persons referred to in sub-paragraph (1) shall be

treated as continuous service.

(3) Nothing in this Act, affects the rights and liabilities of any person
employed or appointed by the Authority before the appointed date.

2. (1) On or after the appointed date, there shall be transferred to, vest in Transfer of
and subsist against the Authority by virtue of this Act and without assets
further assurance— (a) the affairs of the Authority; and and liabilities
(b) subject to this Act, all property, rights and obligations which,
immediately before the appointed date, were the property, rights
and obligations of the Authority.

(2) Except as provided in this Act, every deed, bond and agreement,
other than an agreement for personnel service, to which the
Authority was a party before the appointed date, whether or not of
such a nature that rights, liabilities and obligations could be
assigned, shall, unless its subject matter or terms make it
impossible that it should have effect as modified, as provided
under this paragraph, have effect as if—

(a) Authority had been party to it;

(b) for any reference to the Authority there was substituted,
with respect to anything falling to be done on or after the
commencement of this Act, a reference to the Authority;
or
(c) for any reference to any officer of the Authority, not being
a party to it and beneficially interested, there were
substituted, as respects anything falling to be done on or
after the appointed date, a reference to such officer of the
Authority as the Authority shall designate.
 (3) Where under this Act, any assets, rights, liabilities and obligations
of the Authority are deemed to be transferred to the Authority in
respect of which transfer a written law provides for registration,
the Authority shall make an application in writing to the
appropriate registration authority for registration of the transfer.

(4) The registration authority, referred to in subparagraph (3), shall

make such entries in the appropriate register as shall give effect to
the transfer and, where applicable, issue to the transferee
concerned a certificate of title in respect of the property or make
necessary amendments to the register and shall endorse the deeds
relating to the title, right or obligation concerned and no
registration fees or other duties shall be payable in respect of the
transaction.

3. (1) Subject to the provisions of this section, all licences issued under Licensee
the repealed Act shall remain in force in accordance with the terms migration
and conditions of such licences.
Act No. 17
(2) Licences issued after the commencement of this Act shall be issued of 2002
in accordance with the provisions of this Act.

4. The Board of the Authority appointed under the repealed Acts shall Continuation of
continue in operation for the remainder of the term. Board
Act No. 17
of 2002

5. (1) Any legal proceedings or application of the Independent Legal

Broadcasting Authority pending immediately before the proceedings
commencement of this Act by or against the Independent
Broadcasting Authority may be continued by or against the
Authority.

(2) After the commencement of this Act, proceedings in respect of any

right, liability or obligation which was vested in, held, enjoyed,
incurred or suffered by the Independent Broadcasting Authority,
may be instituted by or against the Authority.

_______________________