UNIVERSITY OF LUSAKA

SCHOOL OF LAW
L270 – MEDIA LAW
UNIT 3: PRINT MEDIA AND BROADCASTING
REGULATION
George Mpundu Kanja
gmkanja@live.com
 STRUCTURE OF THE PRESENTATION

• Introduction
• Print Media Regulation
• Public Service Broadcasting (ZNBC Act)
• Private Television Broadcasting (IBA
Act)
• Zambia Information and
Communications Authority
 Introduction
• In Zambia both the print media, that is
newspapers, magazines, and books, and
broadcasting are subject to registration or
licensing system.
• While both the print media and broadcasting
are subject to regulation, the broadcasting is
subjected to more restrictions or regulations by
the law in terms of licences, programme
regulation.
 Regulation of Print Media
Registration of Newspapers
• The print media is regulated by the Printed
Publications Act, Chapter 161 of the Laws of Zambia.
• The purpose of the Printed Publications Act is to
provide for the registration of newspapers; the
printing and publication of books and the
preservation of printed works published in Zambia,
as well as matters incidental to or connected with
the foregoing.
 Regulation of Print Media
• Section 2 of the Printed Publications Act
defines a “book” as any non-periodical
publication including “every part or division of
a book, pamphlet, newspaper, sheet of
letterpress, sheet of music, map, plan, chart or
table separately published”.
 Regulation of Print Media
• The Printed Publications Act also defines the term
“newspaper” as any periodical publication
published at intervals of not more than one month
and consisting wholly, or for the greater part, of
political or other news, or of articles relating
thereto, or to other current topics, with or without
advertisements, and with or without illustrations,
but does not include any publication which is
proved not to be intended for public sale or public
dissemination.”
 Regulation of Print Media
• Section 2 of the Printed Publications Act further
defines the term “editor” as including “the person or
persons actually and finally responsible for the
collation or inclusion in any newspaper of the
contents thereof, whether such person or persons
are expressly employed for such purposes or not”.
• The Act makes it illegal and a finable offence for
anyone to publish a newspaper or periodical
without first registering it with the Director of the
National Archives.
 Regulation of Print Media
• Thus section 5(1) of the Printed Publications Act provides:
• “No person shall print or publish, or cause to be printed
or published, any newspaper until there has been
registered at the office of the Director at Lusaka the full
and correct title thereof and the full and correct names
and places of abode of every person who is or is intended
to be the proprietor, editor, printer or publisher of such
newspaper, and the description of the premises where
the same is to be published. Every alteration in such
particulars shall forthwith be registered in like manner.”
 Regulation of Print Media
• (2) Any person who contravenes the provisions
of this section shall be guilty of an offence and
liable to a fine not exceeding three thousand
penalty units.
Imprint on Books
• In case of books published in Zambia the Printed
Publications Act requires every book published
and printed in Zambia to bear an imprint in the
appropriate place of the publication.
 Regulation of Print Media
• The imprint must give a record of
• (a) the full and correct name of the printer and the
place where the book was printed;
• (b) the full and correct name of the publisher and
his place of business; and
• (c) the year of publication. (see section 3 of the Act)

• The imprint details are usually printed on the copyright

page, the reverse side of the title page of a book.
 Regulation of Print Media
• The penalty for failing to comply with or ignoring or
flouting this requirement is a fine or, in default, a jail
sentence.
• Thus section 3(2) of the Act provides:
• “Any person who knowingly and wilfully prints or
publishes, or causes to be printed or published, any book
not containing the particulars required by this section
shall be guilty of an offence and liable to a fine not
exceeding seven hundred and fifty penalty units, and, in
default of payment of such fine, to imprisonment not
exceeding one month.”
 Regulation of Print Media
• Delivery of Books and Newspapers to National Archives
• The Printed Publications Act requires all publishers of books
in Zambia to deliver at least one copy of each and every book
they publish to the Director of National Archives in Lusaka
within two months of publication for preservation as public
records.
• The Director of the National Archives must issue a receipt as
evidence that he has received the number of copies
transmitted of the publication in question.
• Failure to deliver the required number of copies is an offence
which attracts a fine not exceeding six hundred penalty units.
 Regulation of Print Media
• Section 4 of the Printed Publications Act provides:
• “(1) The publisher of every book published in Zambia shall,
within two months of the publication, deliver at his own expense
a copy of the book to the Director at Lusaka, who shall give a
written receipt for every copy received by him.
• (3) If any publisher fails to comply with the provisions of this
section, he shall be guilty of an offence and liable to a fine not
exceeding six hundred penalty units. When any person is
convicted of such offence, the court may, in addition to imposing
a penalty, order the person so convicted to comply with the
provisions of this section by delivering a copy of the book to the
authority to whom delivery ought to have been made.
 Regulation of Print Media
• The court may, instead of making such order,
impose a further fine not exceeding the
amount of the published price of the book.
• (4) The provisions of this section shall not
apply to any second or subsequent edition of a
book unless such edition contains additions or
alterations either in the letterpress or in the
maps, prints or other illustrative material
belonging thereto.”
 Regulation of Print Media
• The Printed Publications Rules made in terms of
section 4 of the Act exempt the following printed
materials from delivery to the National Archives:
• 1. Publications wholly in the nature of trade
advertisements, cards, catalogues, circulars,
coupons, designs, forms, labels, leaflets, plans,
posters, price lists, prospectuses, show cards,
wrappers and similar publications purely in the
nature of trade advertisements.
 Regulation of Print Media
• 2. Publications wholly in the nature of time-tables or
rate tariffs of transport services.
• 3. Publications wholly in the nature of calendars.
• 4. Publications wholly in the nature of blank forms of
accounts, or blank forms of receipts, or other blank
forms of a similar character.
• 5. Wall sheets printed with alphabets, mottoes,
religious texts or other matter for the purpose of
elementary instruction.
 Public Service Broadcasting
• The television broadcasting in Zambia dates back to
1961 and was operated by a private company.
• In 1966, shortly after Zambia attained independence,
the television broadcasting fell directly into the hands
of the Government as the Zambia Broadcasting
Services (ZBS).
• In 1987 the Parliament passed an Act known as the
Zambia National Broadcasting Corporation Act (ZNBC)
which constituted ZNBC as a statutory body
corporate.
 Public Service Broadcasting

• The ZNBC became operational on April 1, 1988, and its

operation was partially de-linked from the Government.
• Under the 1987 ZNBC Act, the operations of ZNBC were
controlled by a Board of directors appointed by the
Minister of Information and Broadcasting Services.
• The head of ZNBC was appointed by the board with the
approval of the Minister.
• Furthermore, under the Act the Minister an not the
board determined the policy of ZNBC.
 Public Service Broadcasting

• In 2002 the ZNBC Act of 1987 was repealed and

replaced by the ZNBC Act of 2002.
• The Act defines “ broadcasting service ” as
 (a) in relation to radio broadcasting, transmitting
sound, otherwise than as part of a television
broadcast, for reception by the general public by
means of radio receivers; and
 (b) in relation to television broadcasting, transmitting
wireless or cable television for reception by the
general public by means of television receivers;
 Public Service Broadcasting

• The Act further defines “ broadcaster ” as

 (a) the corporation; or
 (b) a person licensed to carry out a broadcasting
service;
• “ broadcasting station ” includes all the premises
howsoever, including motor vehicles used for the
purpose of carrying on a broadcasting service
together with the transmitters, apparatus and
equipment required in connection therewith;
 Public Service Broadcasting
• The purpose or objects of the ZNBC Act of 2002
were:
• (a) to provide for the continued existence of the
Zambia National Broadcasting Corporation and
to define its functions;
• (b) to repeal and replace the Zambia National
Broadcasting Act, 1987; and
• (c ) to provide for matters connected with or
incidental to the foregoing.
 Public Service Broadcasting

• Section 3 of the ZNBC Act, 2002 provides for the

continues existence of ZNBC and that it shall be a
public broadcaster.
Functions
• Section 4 of the said Act provides for functions of ZNBC:
 (a) to provide varied and balanced programming for
all sections of the population;
 (b) serve the public interest;
 (c ) meet high professional quality standards;
 Public Service Broadcasting

 (g) offer programmes that provide information,

entertainment and education;
 (e) contribute to the development of free and
informed opinion and, as such, constitute an
important element of the democratic process;
 (f) reflect, as comprehensively as possible, the range
of opinions and of political, philosophical, religious,
scientific and artistic trends;
 (g) reflect and promote Zambia’s national culture,
diversity and unity;
 Public Service Broadcasting

 (h) respect human dignity and human rights

and freedoms, and contribute to the tolerance
of different opinions and beliefs;
 (i) further international understanding and the
public’s sense of peace and social justice,
defend democratic freedoms, serve the
protection of the environment, contribute to
the realisation of equal treatment between
men and women;
 Public Service Broadcasting

 (j) broadcast news and current affairs programmes

which must be comprehensive, unbiased and
independent, as well as commentary which shall be
clearly distinguished from news;
 (k) promote productions of Zambian origin; and
 (h) to carry on or operate such other services
including diffusion services and undertakings as in
the opinion of the Board, are conducive to the
exercise of its functions under the Act.
 Public Service Broadcasting
Powers of the ZNBC
• Section 5 of the ZNBC Act, 2002 provides the
Corporation shall have power, subject to the
provisions of this Act, to do all such matters and
things as may reasonably be necessary or
expedient to carry out its functions under this
Act.
• The Corporation may for the purposes of this
Act do the following:
 Public Service Broadcasting
 (a) establish, instal, erect, alter, reconstruct,
operate, and maintain broadcasting studios,
transmitters, relay stations and microwave
facilities;
 (b) to introduce such number of radio and
television broadcasting stations and channels as
the Authority may approve;
 (c ) to determine, subject to the direction of the
Board, the programme policy for the Corporation;
 Public Service Broadcasting
 (d) act in combination or association with any
other person or body, whether incorporated or
not, and whether in Zambia or elsewhere, for
any of the purposes authorised by this Act;
 (e) to develop and make available radio and
television broadcasting services throughout
Zambia by the most appropriate and efficient
means and as resources become available for
the purpose;
 Public Service Broadcasting
 (f) subject to the directions of the Board, to
carry on broadcasting services for such
purposes as the Board may specify for
reception by listeners outside Zambia; and
 (g) to implement the editorial policies of the
Corporation and maintain editorial
independence.
 Public Service Broadcasting
Constitution of the Board of ZNBC
• Section 6 of the Act provides for the constitution of
the ZNBC Board which shall consist of seven-part-
time members who shall be appointed by the
National Assembly on the recommendation of the
“appointments committee.”
• However, by the ZNBC (Amendment) Act No. 16 of
2010 the Board Members are now to be appointed
by the National Assembly on the recommendation
by the “Minister.”
 Public Service Broadcasting
• The Board shall elect a Chairperson and a
Vice-Chairperson from among its members
and shall notify the National Assembly of the
election.
• No person shall be appointed to or continue
to hold office on the Board if that person—
 (a) is not a citizen of Zambia;
 (b) is not permanently resident in Zambia;
 Public Service Broadcasting
 (c ) is a public servant or a holder of any other
remunerated position under the state;
 (d) is a member of Parliament, district,
municipal or city council;
 (e) is an office-bearer or employee of any
political party; and
 (f) is a director or has direct or indirect
financial interest in the broadcasting industry.
 Public Service Broadcasting
 Members of the board do not represent the legal or
natural persons who have nominated them, and they
perform their duty independently according to their
own knowledge and consciousness, in accordance
with this Act.
 The Board shall be the governing body of the
Corporation and shall have power to ensure that the
Corporation is managed efficiently and to perform
the functions conferred on the Corporation by this
Act.
 Public Service Broadcasting
 The Board may, either generally or in any particular
case, delegate in writing to the Director-General or
to any Committee of the Board any of its functions
under this Act.
 The National Assembly may give to the Board such
general or specific directions, with respect to the
carrying out of the functions of the Corporation
under this Act, as the National Assembly may
consider necessary and the Board shall give effect to
such directions.
 Public Service Broadcasting
Appointment of Director-General (s.8)
• The Board shall appoint the Director-General on
such terms and conditions as the Board may
determine.
• The Director-General shall be the Chief
Executive officer of the Corporation, and shall
be responsible for the management of the
affairs of the Corporation in accordance with the
policies and directions of the Board
 Public Service Broadcasting
• The Director-General shall be the Secretary of
the Board.
• The Board shall appoint, on such terms and
conditions as the Board may determine, such
other staff of the Corporation as it considers
necessary for the performance of the
functions of the Corporation under this Act.
 Independent Broadcasting
Authority Act, No. 17 of 2002
• The IBA Act provides for the existence or establishment
of private broadcasting companies including community
broadcasting.
• The purpose or object of the Act is:
• 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.
 Independent Broadcasting
Authority Act, No. 17 of 2002
• The IBA Act defines broadcast as “ broadcasting
” means the distribution of television or radio,
by means of terrestrial or satellite transmitter
received on suitable apparatus by the public.
• The IBA Act defines “ community broadcasting
” means a broadcasting service which
• (a) is fully controlled by a non-profit entity and
carried on for non-profitable purposes;
 Independent Broadcasting
Authority Act, No. 17 of 2002
 (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;
 Independent Broadcasting
Authority Act, No. 17 of 2002
• The IBA defines “ commercial broadcasting ”
means a broadcasting service operated for
profit and controlled by a person who is not a
public or community broadcaster;
 Independent Broadcasting
Authority Act, No. 17 of 2002
• Section 4 of the IBA Act establishes 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.
 Independent Broadcasting
Authority Act, No. 17 of 2002
• Functions of the IBA
• Section 5 of the IBA provides that 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.
• Without prejudice to the generality of the
above the functions of the Authority shall be:
 Independent Broadcasting
Authority Act, No. 17 of 2002
• (a) to promote a pluralistic and diverse broadcasting
industry in Zambia;
• (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 licences, giving due regard to the
need to discourage monopolies in the industry in
accordance with the Competition and Fair Trading Act;
 Independent Broadcasting
Authority Act, No. 17 of 2002
• (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;
 Independent Broadcasting
Authority Act, No. 17 of 2002
 (d) to grant, renew, suspend and cancel licences
and frequencies for broadcasting and diffusion
services in an open and transparent manner;
 (e) to enforce the compliance of broadcasting
and diffusion 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 and
ethical conduct in broadcasting;
 Independent Broadcasting
Authority Act, No. 17 of 2002
 (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;
 (i) to receive, investigate and decide on
complaints concerning broadcasting services
including public broadcasting services;
 Independent Broadcasting
Authority Act, No. 17 of 2002
 (j) to develop regulations in regard to
advertising, sponsorship, local content, and
media diversity and ownership;
 (k) to perform such other functions as may be
conferred on it by this or any other Act; and
 (l) to do all such other acts and things as are
connected with or incidental to the functions
of the Authority under this Act.
 Independent Broadcasting
Authority Act, No. 17 of 2002
• In performing its functions except as
otherwise provided in this Act, the Authority
shall not be subject to the direction of any
other person or authority.
 Independent Broadcasting
Authority Act, No. 17 of 2002
• IBA Board
• Section 7 of the Act constitutes the Independent
Broadcasting Authority Board which shall, subject to
the provisions of this Act, perform the functions of
the Authority under this Act.
• The Board shall consist of nine part-time members
appointed by the Minister, on the recommendation
of the appointments committee, subject to
ratification by the National Assembly.
 Independent Broadcasting
Authority Act, No. 17 of 2002
• 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.
• The Chairperson and the Vice-Chairperson shall be
elected by the members from amongst themselves.
 Independent Broadcasting
Authority Act, No. 17 of 2002
• 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;
 Independent Broadcasting
Authority Act, No. 17 of 2002
• (e) is a director or has direct or indirect financial
interest in the broadcasting industry; or
• (f) is an immediate family member of a person
referred to in paragraph (d) or (e).
• (6) A member may not become a shareholder
or otherwise participate as an applicant for a
broadcasting licence within twelve months of
ceasing to be a member of the Board.
 Independent Broadcasting
Authority Act, No. 17 of 2002
• Section 17 of the Act provides for the appoint
the Director-General by the Board on such
terms and conditions as the Board may, with
the approval of the Minister, determine.
• The Director-General shall be the Chief
Executive Officer of the Authority, and shall be
responsible for the management of the affairs
of the Authority in accordance with the policies
and directions of the Board.
 Independent Broadcasting
Authority Act, No. 17 of 2002
• The Director-General shall be the Secretary to
the Board.
• 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.
THANK YOU