constantly denigrating the opposition. However, ZESN believes that the proper solution to the problem of media bias is to widen the market of broadcasters. Plurality and competition in the media will eventually even out the biases held by the different media organisations. The voting public will be able to get a better picture by listening to the varied accounts broadcast by different media organisations compared to having to rely on one broadcaster. In this regard it is regrettable that a decade after the Supreme Court struck down the monopoly of the state broadcaster (ZBC) in the Capital Radio case, reforms to allow private broadcasters have been slow and ineffective. • ZESN therefore recommends that the licensing authorities speed up the authorisation process to enable more broadcasters to participate well before the elections are called. QUALITATIVE ASPECTS OF FAIRNESS AND BALANCE The Bill highlights the quantitative aspects of fairness and balance – i.e. prominence and time-allocation but falls short in dealing with the qualitative aspects of broadcasting and publishing – such as the balance between negative and positive stories and opinions. There is a need to provide specific definition of and guidance on what constitutes “fair and balanced coverage” because equal time and space allocation alone cannot be sufficient. In this regard it is notable that coverage of a party may be extensive and equal to that of other parties but if such coverage only focuses on the negatives it would be unfair and unbalanced. Thus it is not just the quantitative aspects of coverage that are relevant for consideration in determining fairness and balance of coverage but also the qualitative aspects. • ZESN recommends that the law and regulations specify in clear terms the requirement for qualitative fairness and balance, beyond the quantitative considerations. OMISSION OF GENDER Whilst the Bill commendably prohibits the use of hate speech and any language that incites violence or encourages racial, ethnic or religious prejudice or hatred, there is a glaring omission in the list of indices of prejudice or hatred in that ‘gender’ is not specifically stated. Yet women are routinely subjected to physical and verbal violence – politically-motivated rape and verbal denigration being common acts committed against women. Given the high levels of prejudice suffered by women politicians or public figures in a terrain that generally maledominated, it is imperative that ‘gender’ should be expressly stated in that provision. • ZESN recommends that gender should be added to the list of indices around which hate speech and violence is specifically prohibited. LACK OF CLEAR SANCTIONS FOR BREACH A framework for monitoring the media to ensure that the law is observed is essential otherwise the rules would be inconsequential. In exercising the monitoring function, the Commission is entitled to assistance from the Zimbabwe Media Commission and the Broadcasting Services Authority. The law also keeps open the door to private participants wishing to carry out similar functions. This preserves the role of such organisations like the Media Monitoring Project Trust (MMPZ) which have played a key role in exposing the media biases. 2

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