Broadcasting Services Act Fact Sheet Three: Licensing of mass media services Introduction: Generally, all functional governments the world over control electromagnetic transmission of audio, data and video signals, within the available frequency spectrum. This is so because of the limited frequency spectrum, which has to be regulated in the interests, both of national security and efficient usage. In Zimbabwe, this is provided for in the Constitution (see Section 20 (2) (b) (iv)). As a result, section 7 of the BSA makes it illegal for anyone to operate a broadcast media service or signal carrier service without a licence. Licensing allows for the creation of the necessary regulatory framework used to determine the efficient use of electromagnetic spectrum, and to control the number and identity of persons permitted to broadcast. Thus, licensing should only be directed at “regulating the technical administration, operation and general efficiency” of broadcasting services and not as a form of political (or other) control. Zimbabwe’s licensing regime as will be illustrated is not for technical administration and ensuring efficiency, but designed to maintain the monopoly of the government on the airwaves. Licensing: According to section 7(2) of the BSA, there are 10 kinds categories of licences that the BAZ can issue to individuals wishing to enter the sector, namely: (1) (2) (3) (4) (5) (6) (7) (8) (9) 10 Commercial Community Satellite Cable Subscription narrow casting Open narrow casting Data casting; (8) Broadcasting rail casting webcasting. While it is true that in most countries everyone needs a licence to operate any of these broadcasting services (except maybe for webcasting), the oddity of the Zimbabwean legislation lies in the terms and conditions that are imposed on prospective licensees. It is argued that these terms and conditions are not only onerous, but seem to be deliberately crafted to deny individuals their fundamental right to freedom of expression via the media by discouraging entry into the sector. Terms and conditions of licences: Section 11 sets the general terms and conditions for all prospective license holders in the broadcast media in Zimbabwe. According to section 10(1), only after the BAZ has published a notice (in the Gazette and in one national newspaper) inviting applications for licences to provide broadcasting services can prospective broadcasters start applying. Not before that. -1-