The Broadcasting Services Amendment Act No. 2 of 2025, which was gazetted on the 23rd of May 2025, marks a pivotal reform of Zimbabwe’s broadcasting regulatory framework. The Amendment modernises the Broadcasting Services Act [Chapter 12:06], originally enacted in 2001, by broadening its scope to encompass emerging digital broadcasting services and by aligning its governance structures with contemporary public sector standards.
This article examines the legal implications of the Amendment for the broadcasting industry, with particular focus on the regulation of internet-based broadcasting, webcasting, and satellite uplink services. Crucially, the Amendment’s reach extends beyond traditional broadcasters to impact a wider ecosystem of stakeholders, including online content providers, telecommunications operators, and digital platforms.
Furthermore, sectors such as insurance, financial services, and telecommunications—now actively involved in content delivery, subscription management, and digital broadcasting infrastructure—are directly affected. These industries must now take proactive compliance measures to align with the evolving legal landscape introduced by this transformative legislation.
Expansion of Regulatory Scope to Digital Broadcasting
Section 2 of the Principal Act is amended by the introduction of new definitions such as “internet-based broadcasting,” “webcasting,” and “satellite uplink,” thereby explicitly bringing online and digital broadcasting services within the regulatory ambit of the Broadcasting Authority of Zimbabwe (BAZ). Additionally, a “subscription management service” is now regulated, covering functions like fee collection and subscriber management.
Interesting to note, in terms of section 2 (b) of the Amendment Act, internet-based broadcasting is defined as broadcasting services transmitted over the internet including radio, television, podcasts and other digital media platforms.
These changes extend the authority’s jurisdiction to previously unregulated digital spaces and have an impact on the internet based video content.
Revised Objectives and Content Requirements
Section 2A of the principal Act is amended to include new objectives of the Act in promoting freedom of expression, reflecting Zimbabwean cultural diversity, and supporting local content production in multiple languages.
New broadcasting obligations require at least 10% of content in official languages other than Shona and Ndebele, television content accessible to those with hearing impairments, and community broadcasters to use languages spoken by the majority in the area served.
These provisions reinforce Section 63 of the Constitution (language and cultural rights).
Institutional Governance and Board Reform
Section 4 of the principal Act is repealed and substituted to overhaul the structure and appointment procedures for the Broadcasting Authority Board. The Board now comprises seven members, as opposed to the previous twelve, appointed by the President after consultation with the Minister and Parliament’s Committee on Standing Rules and Orders. Appointments require representation from traditional leaders, legal, financial, religious, and broadcasting sectors, with a gender balance requirement (minimum three women). The Third Schedule is aligned with the Public Entities Corporate Governance Act [Chapter 10:31].
Licensing Framework and Public Accountability
Section 7(2) now lists ten categories of broadcasting and system management services, including new services such as data casting, internet-based broadcasting, and webcasting.
Section 10 is amended to require the Authority to publish annual public calls for applications for spectrum-based services and to conduct mandatory public inquiries for applicants, except for community broadcasters.
Section 12 is amended to stipulate that licences for public, commercial, community, and subscription services are valid for 10 years, while narrowcasting, data casting, and satellite licences are valid for 3 years.
These changes introduce greater procedural transparency and adapt the licensing regime to technological realities.
Content Control and Government Access
Section 11(5) mandates that licensees must reserve one cumulative hour per week to enable the government to explain its policies.
Section 39(5) requires subscription broadcasters to carry up to three public channels, one of which must be unencoded.
Regulation of Receivers and Licensing Compliance – No motor insurance or driving license without radio license
Section 38A amends the definition of “dealer” to include car dealers, insurance agents, and ZINARA.
There is introduced a new subsection 4 to section 38 B which stipulates that ZINARA and all motor insurance companies shall only issue motor vehicle license and insurance policy respectively to individuals and companies who either hold a valid radio license issued by ZBC or valid exemption certificate.
Section 38B(4) mandates that motorists must declare whether their vehicles are equipped with radio receivers, as specified in the new Eighth Schedule.
Enhanced Regulatory Powers and Compliance Mechanisms
Section 46(2) is amended to empower the BAZ Board to facilitate technological upgrades, impose civil penalties, regulate language quotas, and encourage independent content commissioning.
These powers, if exercised transparently and in good faith, could foster innovation and diversity in the media sector.
Amendment of the Third Schedule
The Third Schedule of the principal Act is amended to align the governance of the Broadcasting Authority of Zimbabwe with the Public Entities Corporate Governance Act [Chapter 10:31]. Key changes include setting board members’ terms of office to four years, renewable once; requiring that the chairperson and vice-chairperson be of different genders; and empowering the Minister to fix members’ conditions of service, with protection against detrimental changes without consent.
The amendment also revises procedures for board dismissal, meetings, and filling vacancies, updates provisions on remuneration to reflect public sector standards, and ensures that board decisions comply with governance requirements under the Corporate Governance Act.
Amendment of the Fourth Schedule
The Fourth Schedule of the principal Act is amended to strengthen the governance framework relating to the appointment of the Chief Executive Officer and senior staff of the Broadcasting Authority of Zimbabwe. The amendment empowers the Board, subject to sections 17 to 21 and section 23 of the Public Entities Corporate Governance Act [Chapter 10:31], to appoint the CEO and other senior staff on terms consistent with that Act. It also requires that, in addition to the Minister, the head of the Corporate Governance Unit be consulted on such appointments.
Amendment of the Fifth Schedule
The Fifth Schedule of the principal Act is amended to enhance community involvement in broadcasting services. Subparagraph 9(1)(f) is repealed, and paragraph 10(1)(c) is replaced to require that licensees ensure members of the served community participate in the operations of the licensee, the selection and provision of programmes, and the membership of its governing body.
Amendment of the Sixth Schedule
The Sixth Schedule of the principal Act is amended to empower the Minister to prescribe, by regulation, the percentage of local and African content required for sport channels, replacing the previous provision in paragraph 2(2).
Transitional Provisions
Section 20 provides that existing licences and appointments remain valid until expiry, ensuring continuity and legal certainty during the transition.
The Broadcasting Services Amendment Act, 2025 represents a significant and necessary evolution of Zimbabwe’s media law in response to the realities of digital transformation. Its impact extends beyond traditional broadcasters to include a wide array of stakeholders from online content providers to telecommunications companies and digital platforms. Importantly, industries such as insurance, financial services, and telecommunications, which now play an active role in content delivery, subscriber management, and digital broadcasting infrastructure, must take proactive steps to ensure compliance with the new legislative framework.
For further information or assistance in navigating these regulatory changes, please contact Muvingi & Mugadza Legal Practitioners on info@mmmlawfirm.co.zw
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