160G, to publish any advertisement by or on behalf of a political party or candidate contesting an election, but if the broadcaster or publisher is prepared to publish any such advertisement—The broadcaster shall offer the same terms and conditions of publication, without discrimination, to all the political parties and candidates contesting the election. RECOMMENDATION MISA Zimbabwe Way Forward Post-2023 Zimbabwe Elections The ZBC’s editorial independence and accountability to the public must be provided for and be guaranteed. This will go a long way in ensuring the broadcaster is balanced in its coverage in line with the mandate of a true public broadcaster as espoused by the African Charter on Broadcasting. Section 61 (4) of the Constitution says all State-owned media of communication must be free to determine independently the editorial content of their broadcasts or other communications. It further states that they must be impartial and afford fair opportunity for the presentation of divergent views and dissenting opinions. BROADCASTING SERVICES ACT The Broadcasting Services Act was enacted in 2001 and is now obsolete. Certain sections of the Act have proved difficult to implement and some sections have become inconsistent with the new constitution. Technology has also evolved rapidly over the last few years, making sections or definitions of services meaningless or definitions meaningless or out of sync with reality. RECOMMENDATIONS MISA Zimbabwe is thus encouraged by the inclusion of the Broadcasting Services Amendment Bill in the legislative agenda of the 10th Session of Zimbabwe’s Parliament, which increases the threshold of foreign investment in the broadcasting sector to 40% for foreign investors. It is hoped the resultant broadcasting law and regulatory framework will be in line with the Constitution of Zimbabwe, the African Charter on Broadcasting, the African Commission on Human and Peoples’ Rights (ACHPR) Declaration on Freedom of Expression and Access to Information, among other instruments that set democratic principles and standards on regulation while stimulating growth and sustainability of the broadcasting industry. The proposed law must also respond to the need for more diversity in the ownership of broadcasting services. We urge the government to be open to further engagements, concessions and changes to the Bill based on stakeholder and public input into the law-making process. 5