22
(e)
S.C. 128\02
the restricting law must be reasonably required to protect the right of
others.19
In the case of Nyambirai, supra, this Court concluded that in
determining whether a law providing for the compulsory payment of contributions by
employers and employees was reasonably justifiable in a democratic society this
Court should have regard to the attitude of many other countries towards similar
schemes.
Similarly in this case it would be instructive if this Court should have
regard to legislation providing for the regulation of the media in other countries.
I
shall now proceed to examine similar legislation in other countries.
UNITED KINGDOM
The Broadcasting Act 1990 (as amended) is the Act that regulates the broadcasting
industry in the United Kingdom.
It vests regulatory powers of the Broadcasting
Industry in two bodies, namely, The Radio Authority and the Independent Television
Commission (I.T.C.). Significantly these two authorities exercise regulatory powers
over non-state broadcast institutions only.
They do not have any say over British
Broadcasting Corporation whether television or radio. These come under the direct
regulation of the British Government through interfacing structures. Thus the highly
influential national and international broadcaster in the United Kingdom is not
regulated by any authority outside the British Government.
Section 1(2) of the Broadcasting Act spells out who appoints the
Commission:-
19
R v Oakes (1986) 19 CRR 366, Nyambirai v Nassa and Anor 1995 (2) ZLR 1 (S)
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