Judgment No. CCZ 9/2016 28 Const. Application No. CCZ 316/2012 and messages from a broadcasting service of his or its choice. In other words what is regulated is the possession of the means by which to benefit from the services provided by the ZBC or any services like them. The right to freedom of expression as enshrined in s 20(1) of the Constitution is not absolute. The right is subject to limitations contained in or done under the authority of any law in the cases and for purposes specified under s 20(2) of the Constitution unless the limitation is shown not to be reasonably justifiable in a democratic society. The effect of s 20(2) of the Constitution is that the same document that entrenches the right to freedom of expression as a fundamental right acknowledges that the right is not absolute. The onus was on the applicants to show that the restriction on the right to possess a “receiver” without a listener’s licence is not reasonably justifiable in a democratic society. The applicants failed to discharge the onus. The principles governing the relationship between public broadcasting service and freedom of expression reveal the justification for the restriction on the possession of receivers for the purpose of raising revenue for the ZBC. The Zimbabwe Broadcasting Corporation is a central medium of expression. As a public broadcaster it must be a central institution for the effective protection of freedom of expression in the provision of public broadcasting services in a democratic society.

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