Government Accused of Overreach with Broadcasting Services Act Changes

ZBC should instead focus on crafting innovative and competitive strategies to attract viewers

By Shingirai Vambe

In a move that has raised alarm bells about the erosion of democratic norms, Zimbabwe’s Parliament has passed the contentious Broadcasting Services Amendment Bill. The legislation, which has been pushed through by the ruling party, has sparked fierce criticism from opposition lawmakers, including for Settlement Chikwinya and Hamauswa, who argue that it concentrates power, stifles media freedom, and undermines the principles of fairness and transparency. As the bill awaits signature from President Emmerson Mnangagwa, concerns are growing that it may mark a further slide towards authoritarianism in Zimbabwe.

Former Mbizo Legislator, Settlement Chikwinya, a vocal critic of the proposed amendments to the Broadcasting Services Act, has expressed his strong reservations about the legality and morality of the changes. Specifically, he takes issue with Clause 15, which seeks to amend Section 38B of the Act. This amendment would require motorists to acquire a ZBC Radio license before they can obtain a ZINARA Road License.

“This is “absurd” and promotes the Broadcasting Regulatory Authority to a “super regulator” capable of regulating other regulatory authorities. The legality of this move is questionable, ZINARA would have to perform its mandate subject to conditions set by another regulatory authority. This, is a clear overreach of power,” said Chikwinya.

“I fear that this amendment could set a dangerous precedent. Where will the buck stop? Will one not be able to buy electric power from ZESA without a ZBC Radio license? Will one not be able to lawfully wed without acquiring a ZBC Radio license? This is a clear case of manifest absurdity that the legislature cannot intend,” added Chikwinya

Chikwinya also criticizes Clause 16, which would require broadcasters like DSTV or Kwese to broadcast at least one ZTV channel for free. He argues that this clause goes against the principles of competition, as ZTV is already publicly funded through taxes and licenses. He believes that ZBC should instead focus on crafting innovative and competitive strategies to attract viewers, rather than relying on legislative favors.

Ultimately, he urges the President to seek proper legal counsel before assenting to this Bill. He believes that the amendments are not only immoral but also unjust and unfair, and that they must be disobeyed. As he puts it, “Laws that are removed from the precipices of morality, justice, and fairness are not only bad laws, but must actually be disobeyed,” he said.

Warren Park Member of Parliament, Shakespeare Hamauswa echoed the same sentiments and said, Broadcasting Services Amendment Bill are rooted in the ruling party’s majority control of Parliament, which he believes facilitated a rushed and undemocratic passage of the bill. Specifically, he criticizes the Minister’s refusal to allow debate or entertain questions on certain clauses, such as Section 15.

“The bill’s provisions are unfair and prone to abuse. For instance, Kadoma legislator Gift Mambipiri suggests that the US$30 fee for a car radio license is excessive and should be reduced to US$5 per term. This sentiment is shared by other MPs, who believe that the cost of license fees is a significant barrier to compliance,” said Hamauswa.

“There is need for ZBC to reform, citing the broadcaster’s bias and propensity for propaganda. Citizens should not be compelled to pay for ZBC radio licenses, but rather, the broadcaster’s production quality should speak for itself, added Hamauswa.

The bill’s passage has also raised concerns about the potential for abuse, particularly with regards to the collaboration between ZBC and ZINARA. As Hamauswa notes, this partnership may be prone to exploitation, and the process of accessing licenses may be vulnerable to manipulation. The need for a more nuanced and democratic approach to broadcasting regulation in Zimbabwe can never be over emphasized. By prioritizing reform and reducing barriers to compliance, the government can work towards creating a more equitable and sustainable broadcasting sector.