Judgment No. CCZ 9/2016 36 Const. Application No. CCZ 316/2012 In the exercise of editorial discretion the ZBC has power under Part 1 of the Seventh Schedule of the Act to decide on what programmes to broadcast, at what time, on which subjects and for what purposes. It has the power to decide on who participates in the programmes, provided it does not exclude people because it disagrees with their points of view on matters of public interest and complies with the relevant requirements of programming prescribed in Part 1 of the Seventh Schedule of the Act. The decision must be reasonable and viewpoint neutral. In other words the legal discretion granted to the ZBC and its editors is not limitless or expressed in terms of an unfettered power. The existence of provisions which underpin the presence of editorial discretion in the public broadcasting service system gives rise to a presumption against State involvement in the programming decisions of the ZBC. In fact governmental involvement in decisions as to which programmes to broadcast would be incompatible with or antithetical to the editorial discretion vested in the ZBC by the statute. The system imposes on the ZBC programme and content obligations that protect freedom of expression in the public sphere. The provisions of the Act reveal the symbiotic relationship existing between the provision of public broadcasting service and freedom of expression in the public sphere. The principles on the provision of public broadcasting services and the exercise of freedom of expression are now related to the method of funding chosen for the ZBC. In other words, how does the mechanism of funding chosen fit into the structure and dynamics of the

Select target paragraph3

Add to table of contents