suggestive of statutory regulation 17, among other observations 18. As the ball is now in the hands
of government, it remains to be seen what the eventual outcome of the process will be.
Another occurrence of note during the quarter was the pronouncement by Information and
Media Minister Chushi Kasanda on government’s intentions to repeal and replace the IBA Act
in 2022. The proposed repeal and replacement of the IBA Act is important to address several
contentious observations regarding the Act’s provisions for autonomous operation of the
Authority by several stakeholders for nearly two decades 19.
Firstly, there is need to restore the ad hoc appointment’s committee which was in the initial
IBA Act (2002) and later removed. The Committee provided for a board appointment that was
representative of various sectors such as the legal fraternity, the church, civil society and the
general public. This ensured that all competent individuals would have a fair opportunity of
being considered to the Board while their allegiance would be with the ideals of the Institution
(and Constitution) and not the Minister who appointed them, thereby granting a semblance of
independence.
Secondly, there is need to empower the Authority to effectively regulate a public broadcaster,
such as ZNBC. The current IBA regime recognises public service broadcasting under its
licensing mandate de jure. However, de facto ZNBC may not be sanctioned by the Authority
as it exists under an Act of Parliament with clearly defined provisions for oversight. This has
created a situation in which members of the public aggrieved by actions of a public broadcaster
such as ZNBC may not necessarily obtain sufficient redress through the IBA.
Thirdly, there is need to take stock of advances brought about by digital migration and
proliferation of Voice Over Internet Protocol (VOIP) and Internet Protocol Television (IPTV).
17

There exist three broad categories of regulation i.e. Self-regulation, statutory regulation and co-regulation.
Self-regulation is a voluntary process without any coercion or involvement of statutory authorities where media
houses voluntarily come together to agree on standards as well as corrective action to be taken when such
standards are breached. Statutory regulation is mandatory regulation passed by a government and is
enforceable by law; It is coercive, includes licensing and may carry punitive sanctions, including imprisonment.
Co-regulation is a hybrid where media practitioners and stakeholders come together to agree on standards and
content of the regulatory instrument to be used while the government comes in to facilitate the enactment of
the Bill without alteration.
18
For a comprehensive analysis of the proposed “statutory-self-regulation” process, refer to the third quarter
State of the Media Report and Ndawana, Knowles and Vaughan (2021) cited above.

See Ndawana, Y., Manchishi K. (2016) A policy brief on media laws and policies in Zambia. Lusaka: MISA. See
also: Nkandu, E. (2012). Study report on media laws and policies in Zambia. Lusaka:Diakonia/MISA, Matibini, P.
(2006). The struggle for media law reforms in Zambia. Lusaka: MISA.
19

22

Select target paragraph3