BROADCASTING SERVICES ACT [CHAPTER 12:06] (as at 11th January 2008) (3) If a person considers that a record so made is admissible in evidence in proceedings instituted, or proposed to be instituted, in a court, being a record that is held under subparagraph (2), the person may give to the broadcaster a notice in writing informing the broadcaster that the record may be required for the purposes of the proceedings. (4) If such a notice is given to a broadcaster in respect of a record, the broadcaster must, subject to this paragraph, retain the record until the proceedings or the proposed proceedings to which the notice relates have been finally determined. (5) If the proceedings are not instituted within a period of three months after the notice is given to the broadcaster, subparagraph (4) ceases to apply to the record at the end of that period. (6) The obligation imposed by this paragraph on a broadcaster to retain a record does not apply at any time when the record is in the custody of a court in connection with proceedings instituted in the court. (7) If the Authority is of the opinion that a matter of which a record has been made under this paragraph is of sufficient historic interest to justify its being permanently preserved, the Authority may direct in writing a person who has custody of the record to deliver it for safe keeping to a person or Authority specified by the Authority, and the person to whom the direction is given shall comply with the direction subject to his entitlement to fair compensation. (8) A broadcaster must, without charge, make available to the Authority, upon request, any specified record made by the broadcaster under subparagraph (2) that has been retained by the broadcaster (whether or not the broadcaster is, at the time of the request, under an obligation to retain the record). Advertisements relating to medicines 6.(1) In this paragraph “broadcaster” means⎯ (a) a commercial television broadcasting licensee; or (b) a commercial radio broadcasting licensee; or (c) a subscription television broadcasting licensee. (2) A broadcaster must not broadcast an advertisement relating to a medicine unless the text of the proposed advertisement has been approved⎯ (a) by the Secretary for Health and Child Welfare under subparagraph (3); or (b) by the Minister on appeal to the Minister under this paragraph. (3) A person may apply, in writing, to the Secretary for Health and Child Welfare for approval of the text of a proposed advertisement relating to a medicine. (4) If an application is made, the Secretary for Health and Child Welfare may, in writing, approve or disapprove the text. (5) The Secretary for Health and Child Welfare shall give the applicant written notice of the approval or disapproval. (6) If⎯ (a) an application is made under subparagraph (2); and (b) the Secretary for Health and Child Welfare does not notify the applicant of the Secretary’s approval or disapproval of the text within sixty days after the day on which the application was made; the Secretary is taken to have approved the text under subparagraph (3) at the end of that period. (7) The Secretary for Health and Child Welfare may, by signed instrument, delegate his or her power under this paragraph to approve the text of an advertisement to⎯ (a) a government medical officer; or (b) the Medicines Control Authority of Zimbabwe or any other body. (8) An applicant may appeal in writing to the Minister from a decision of the Secretary for Health and Child Welfare under this paragraph, and the Minister must decide the appeal within a reasonable period. - 55 -