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
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