Judgment No. CCZ 9/2016 31
Const. Application No. CCZ 316/2012
The features referred to in Article VI of the Declaration of Principles on Freedom
of Expression in Africa are structural in nature. They address requirements of a public service
broadcaster to ensure that it effectively delivers on its mandate. The question is, to what extent
are the provisions of the Act on various aspects of the provision of public broadcasting service
based on the principle of promotion and protection of freedom of expression.
How does the legal framework for broadcasting service ensure that the public
broadcaster provides the public with the opportunity to exercise their right to speak and have
access to television and radio broadcasting as means of communication?
How does the
legislative framework also ensure that what is broadcast is in the public interest and the
programmes meet the standards prescribed in Part I of the Seventh Schedule of the Act? To
what extent, does the legal framework on provision of public broadcasting services comply with
the recognized international norms on provision of public broadcasting services?
The contents of the objects of the Broadcasting Authority of Zimbabwe and the
requirements of the broadcasting service operated by a public broadcaster as prescribed under
Part 1 of the Seventh Schedule to the Act, allow the ZBC freedom to express opinions in the
process of the exercise of editorial discretion through selection and presentation of programmes
in ways that could not become vehicles for government propaganda.
When the ZBC as a public broadcaster speaks it should not be government
speaking. The right to freedom of expression does not extend to protecting government from
itself.
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