Judgment No. CCZ 9/2016 23 Const. Application No. CCZ 316/2012 spectrum, cable, optical fibre, satellite, or any other means or combination of those means …”. Section 38B(1) must be read together with ss 38A and 2(1) of the Act. By limiting the definition of “broadcasting service” to service which delivers “television or radio programmes”, s 2(1) of the Act effectively limited the commission of the offence under s 38B(1) of the Act to persons who possess equipment appropriate for receiving broadcasting service. There are two types of broadcasting, television and radio broadcasting. Section 2(1) of the Act is wide enough to bring under the definition of broadcasting service any equipment capable of receiving television or radio programmes broadcast. In other words the gadget does not have to be a television set or a radio set. It can be a smart phone, for example, provided it is capable of receiving television or radio programmes as they are being broadcast. Television or radio programmes do not necessarily have to be received by a television or a radio set. The fact that the ZBC has, in practice, demanded payment of licence fees from persons who possess television sets or radio sets only, does not mean that the provisions of the Act on what is a receiver are unconstitutionally vague. The law was obviously drafted with effects of changes brought about by technological development in mind. There was no suggestion that the decision by the ZBC to demand payments of licence fees in respect of possession of television sets and radio sets only was a result of vagueness and ambiguities in the language of the statute.

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