BROADCASTING SERVICES ACT [CHAPTER 12:06] (as at 11th January 2008) PART III LICENSING OF BROADCASTING SERVICES AND SYSTEMS 6 …23 7 Broadcasting and signal carrier licences (1) Subject to this Act, and the Zimbabwe Broadcasting Corporation Act [Chapter 12:01], no person shall provide a broadcasting service or operate as a signal carrier in Zimbabwe except in accordance with a broadcasting licence or a signal carrier licence, as the case may be (2) A broadcasting licence shall authorise the licensee to provide any one of the following classes of broadcasting service⎯ (a) a commercial broadcasting service; (b) a community broadcasting service; (c) a subscription satellite broadcasting service; (d) a subscription cable broadcasting service; (e) a subscription narrowcasting service; (f) an open narrowcasting service; (g) a datacasting service; (h) a roadcasting service; (i) a railcasting service; (j) a webcasting service. (3) A signal carrier licence shall authorise a licensee to operate a signal transmitting station for the purpose of transmitting a radio or television broadcasting service. (4)24 Any person who contravenes subsection (1) shall be guilty of an offence and liable to⎯ (a) a fine not exceeding five million dollars or to imprisonment for a period not exceeding two years, where the offence involves the unlicensed provision of any broadcasting service referred to in paragraphs (a) to (f) of subsection (2); or (b) a fine not exceeding level ten or to imprisonment for a period not exceeding three months, where the offence involves the unlicensed provision of any broadcasting service referred to in paragraphs (g) to (j) of subsection (2) or to both such fine and such imprisonment. (5) In addition to any punishment it may impose under subsection (4) and without derogation from its powers under any enactment, a court convicting a person of contravening subsection (1) shall declare forfeited to the State any equipment or apparatus used for the purpose of or in connection with the offence. (6) The proviso to subsection (1) and subsections (3), (4), (5) and (6) of section 62 of the Criminal Procedure and Evidence Act [Chapter 9:07] shall apply, mutatis mutandis, in relation to a declaration in terms of subsection (5). 23 24 Section repealed by s. 5 of Act 6/2003. Subsection substituted by s. 6 of Act 6/2003. - 15 -