Judgment No. CCZ 9/2016 41
Const. Application No. CCZ 316/2012
commercial funding methods have the tendency to undermine public broadcasting service values.
One of the important definitional features of a public broadcasting service system is absence of
efforts to raise funds from viewers and listeners. The usual source of revenue is taxation.
It follows that taxation as the mechanism of funding adopted by the State cannot
be examined without reference to the substance of the scheme for public broadcasting service
embodied in the provisions of the Act of which it is an integral part. What is clear is that the
mechanism of funding adopted by the Parliament is part of a system of broadcasting service.
The primary object of the broadcasting service is to protect and promote the right of the public to
receive suitable access to social, political, cultural, moral and other ideas and experiences by
television and radio programmes consistent with the requirements of freedom of expression. The
method of funding, combined with the editorial independence and the public interest standard,
provides a viable solution to the governmental control problem consistent with the principles of
freedom of expression. The issue of an appropriate method of funding for a public broadcaster
like the ZBC is intrinsically linked to the fundamental question whether the country should have
a public broadcasting service system or not.
The applicants labored under the mistaken belief that the purpose of s 38 B(1) of
the Act is to compel the holder of the television or radio licence to view or listen to programmes
broadcast by the ZBC. Both applicants said the reason why they were opposed to the licensing
fee system of funding in this case is that they did not want to receive broadcasting service from
the ZBC. Musangano Lodge went further to say it did not want to pay the licence fees because
there was no broadcasting service from ZBC reaching the area where its business is located. It
Select target paragraph3
Add to table of contents