Judgment No. CCZ 9/2016 37
Const. Application No. CCZ 316/2012
relationship between the provision of public broadcasting service and freedom of expression?
Does the method of funding promote or violate the right to freedom of expression?
As a public broadcaster ZBC is able to enjoy and maintain the independence
guaranteed to it by the law and achieve the objectives for which it was established as it relies on
funding from members of the public and not on State resources. In that way it is able to provide
access to the speech market to a broader section of the public thereby ensuring greater
participation.
In ensuring that broadcasting services reach as many people as possible who also
would want to enjoy the right to receive and impart ideas or information, the ZBC is promoting
freedom of expression. Provision of public broadcasting service is by its nature intended to
reach the poor, marginalized and illiterate sections of society. In this sense, the regulation of
public broadcasting service is part of a proactive policy of social inclusion that tends to reduce
pre-existing inequality in access to the media. Nyambirai’s case supra at 14G. The method of
funding and the objectives prescribed for the corporation as a public broadcaster are influenced
by the considerations of the right to freedom of expression.
The system of funding the provision of public broadcasting service through the
payment of listener’s licence fees is commonly used in many democratic societies. The African
Charter on Broadcasting 2001 Windhoek which inspired the Declaration of Principles on
Freedom of Expression in Africa to which Zimbabwe is a signatory provides in Part II s 5 that:
“Public services broadcasters should be adequately funded in a manner that protects them
from arbitrary interference with their budgets.”
Select target paragraph3
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