75 percent local content for broadcasters on cards

Source: 75 percent local content for broadcasters on cards | The Sunday Mail

Minister Muswere

Sunday Mail Reporter

PUBLIC BROADCASTERS with multiple channels will soon be mandated to broadcast at least 75 percent local content across all their platforms, while licensed sports television channels will be required to dedicate 50 percent of their airtime to local sports content, under proposed amendments to the Broadcasting Services Act.

The amendments, gazetted on Friday as the Broadcasting Services Amendment Bill, will also compel social media broadcasters transmitting national events to register with the Broadcasting Authority of Zimbabwe (BAZ).

In addition, the amendments seek to prohibit insurance companies from selling motor vehicle insurance to individuals who do not hold valid ZBC radio licences, while subscription broadcasting service providers will also be obligated to carry up to three channels from public broadcasters as part of the far-reaching reforms.

The proposed legislative changes are aimed at aligning the Broadcasting Services Act with the Constitution and the Public Entities Corporate Governance Act while supporting media diversity, enhancing local content production and fostering sectoral investment.

Under the proposed law, foreign ownership of broadcasting licences will be capped at 40 percent, ensuring local majority ownership, while attracting foreign investment into the capital-intensive sector.

The amendments, which are part of the Second Republic’s ongoing media reforms, are intended to shift the role of BAZ from controlling to regulating and managing broadcasting service bands.

The Bill’s memorandum highlights this strategic realignment, stating: “The objective of the Broadcasting Services Amendment Bill, 2024, is principally to align the Broadcasting Services Act with the Constitution and also with the Public Entities Corporate Governance Act.

“Clause 3 amends Section 2A of the principal Act to provide that the role of the Broadcasting Authority of Zimbabwe (BAZ) is to regulate and manage the broadcasting service bands for sustenance rather than control broadcasting service bands.”

It adds: “The intention is to move away from a perception that the legislation is intended to stifle the freedoms guaranteed by Section 61 of the Constitution and instead to focus on necessary regulation of the airwaves.”

These changes are also designed to align with international standards, including the African Charter on Broadcasting; African Charter on Human and People’s Rights; and the International Covenant on Civil and Political Rights.

“Clause 21 amends the Sixth Schedule to the principal Act by deleting paragraph 2(2) and substituting it with a new Section 2(2), which provide that a licensee with a sports channel shall broadcast 50 percent local content in view of the fact that sporting events are universal and international sports may bring commercial value to licensees,” reads the memorandum.

“Amendments to paragraph 2(2) are to provide that a public broadcaster providing multiple channels shall broadcast 75 percent local content on all channels to ensure that they reflect the identity of the nation.”

Broadcasting services emanating from outside the country will be exempt from this provision.

The Bill seeks to prohibit insurers from selling motor vehicle insurance to motorists without valid ZBC radio licences.

The public broadcaster relies on licence fees as a significant source of revenue.

It is believed that linking the purchase of motor vehicle insurance to the possession of a ZBC radio licence ensures that all vehicle owners contribute to this revenue stream, effectively minimising evasion.

The fees collected from radio licences are crucial for sustaining public broadcasting, particularly for producing local content, covering national events and maintaining nationwide radio services, even in areas that might not be commercially viable.

Reads the memorandum: “Clause 15 amends Section 38B by inserting a new provision which prohibits the sale of a motor insurance cover to persons who do not have ZBC radio licences.

“Clause 16 amends Section 39 by deleting subsection (5) and replacing it with a new subsection (5) which requires every subscription broadcasting service licensee and subscription management service licensee to transmit up to three channels of the public broadcaster.”

Addressing the journalists during a recent post-Cabinet briefing soon after adoption of the Bill, Information, Publicity and Broadcasting Services Minister Dr Jenfan Muswere said it was important for a national broadcaster to accrue revenue from licences, as it was mandated by law to flight national and events of public interest.

The public broadcaster, he said, was different from commercial broadcasting stations that are not legally obliged to broadcast national events, such as burial of national heroes or awareness programmes of a pandemic and parliamentary sittings.

But under Clause 23 of the Bill, motorists can sign a declaration form opting not to equip their vehicles with radios to ensure that they can get insurance.

Further, the proposed amendments also seek to broaden the regulatory powers of BAZ to address areas currently unregulated or inadequately covered in the existing Act by modernising the regulatory framework in line with technological advancements, international practices and the promotion of local cultural identity.

“Clause 17 amends Section 46 by adding new regulatory powers of the Board to include areas currently omitted in the Authority’s regulatory function.

“Areas added are on migration issues due to changes in technology, powers to introduce monetary violation penalties to licensees for non-compliance with the terms and conditions of licences, commissioning of independently produced content by broadcasters, language quotas within a licence area to ensure that officially recognised languages find expression on broadcasting platforms and registration of persons who make use of social media platforms to broadcast events of national significance.”

Overall, the new regulations broaden the classification of broadcasting services and systems due to technological development, which has resulted in “new platforms emerging or existing platforms evolving to deliver broadcasting services”.

This necessarily warrants frequent reviews to the classification.

Other provisions contained in the Bill include reducing constitution of the BAZ board from 12 to seven members and introducing a requirement for gender balance within the board.

The terms of office of board members are now limited to four instead of five years, while vacancies are filled within three months instead of six.

There is also a provision to ensure licensees broadcast in all languages spoken in their service areas.