Time to revisit the laws of radio and television licencing in Zimbabwe

In Zimbabwe, the landscape of broadcasting and media consumption is undergoing rapid and profound changes, primarily driven by advancements in technology. The debates surrounding the Zimbabwe Broadcasting Corporation (ZBC) and its licencing requirements for radio and television receivers have become increasingly relevant. In light of the proliferation of free-to-air and pay-per-view services, as well as the rise of Internet streaming and smart devices, the necessity of ZBC's licencing regime is being called into question. I will argue that the current law requiring a licence to possess a receiver for radio and television signals is outdated, unfair, and impractical in today's digital age.

Historically, broadcasting was a simple affair, a few entities, like the ZBC, dominated the airwaves and a licence was required to ensure that consumers contributed to the costs of programming and infrastructure. However, the technological landscape has transformed dramatically. The emergence of satellite television services like DSTV, along with an array of Internet streaming platforms, has made it possible for consumers to access content without relying solely on traditional broadcasting methods.

In this context, the notion of a monopoly held by ZBC is increasingly irrelevant. The market is now populated with numerous alternatives that provide diverse content to Zimbabweans. Such changes challenge the justification for requiring licences, particularly when the law has not evolved to reflect these new realities.

One of the most pressing issues with the current licencing requirement is its inherent unfairness. The law mandates that individuals possessing radio or television receivers pay a fee, yet it does not extend the same requirement to those using modern devices such as smartphones, smartwatches and computers, which are also capable of receiving broadcast signals. This inconsistency is glaring and raises questions about the rationale behind the licencing regime.

Furthermore, the practice of harassing motorists who have radio receivers in their vehicles for license compliance is particularly egregious. These individuals are often subjected to penalties for possessing devices that are integral to modern life. In contrast, users of smartphones and other smart devices face no such scrutiny, despite their ability to access similar content. Such selective enforcement is not only unfair but also undermines the legitimacy of the licencing requirement.

The emergence of the Internet of Things (IoT) has further blurred the lines between traditional broadcasting and modern digital media consumption. Devices that were once solely dedicated to receiving radio or television signals are now multifunctional. Smartwatches, smartphones, tablets, and computers can stream content from various online platforms, effectively rendering the concept of a “receiver” obsolete.

In this context, the existing law becomes increasingly archaic. It fails to account for the realities of how content is consumed today and does not reflect the technological advancements that have democratized access to information. The requirement for a ZBC licence, therefore, appears not only outdated but also impractical in a world where consumers can curate their own media experiences through numerous channels.

As the ZBC faces competition from both domestic and international broadcasters, it is crucial for the organization to adapt to the evolving media landscape. Instead of relying on mandatory licencing fees from consumers, the ZBC must explore alternative revenue streams. This could include enhancing its advertising strategies, creating premium content or even considering encryption of its signals to cater specifically to paying subscribers.

In doing so, ZBC would align itself more closely with global industry practices and would be better positioned to compete in a market where consumers have more choices than ever before. The ability to innovate and adapt is essential for any media organization, and the ZBC should not be exempt from this necessity.

Given the changing dynamics of the broadcasting sector and the technological advancements that have taken place, a reevaluation of the laws governing broadcasting in Zimbabwe is imminent. The current legislative framework is not only out of step with modern realities but also fails to serve the interests of consumers and media organizations alike.

In light of the arguments presented, it is clear that the requirement for a ZBC licence to possess a receiver for radio and television signals is redundant and impractical. The law must be repealed to reflect the current state of the broadcasting landscape. Such a move would not only alleviate the burden on consumers but also encourage greater diversity in the media sector.

The discussion around ZBC's licensing has been further fueled by legal challenges. Notably, Jesse Majome, the current Chairperson of the Zimbabwe Human Rights Commission (ZHRC), once brought the issue of ZBC licencing to court. Although the judgment was reserved, the case highlights the growing concern over the fairness and legality of the licensing requirements. Such legal scrutiny underscores the need for a thorough reassessment of the laws governing broadcasting in Zimbabwe.

As Zimbabwe continues to navigate its path forward in the media landscape, embracing change is essential. The repeal of the ZBC licencing requirement would represent a significant step towards modernizing broadcasting regulations and aligning them with contemporary realities. This change could foster a more competitive environment where various media entities can thrive, ultimately benefiting consumers through increased choice and quality of content.

Moreover, by eliminating the licencing requirement, the government would signal its commitment to promoting freedom of expression and access to information. Such a move would resonate with the aspirations of a populace eager for diverse media voices and platforms.

The requirement for a licence from the Zimbabwe Broadcasting Corporation to possess a receiver for radio and television signals is no longer justifiable in today's rapidly evolving technological landscape. The law is outdated, unfair, and impractical, particularly in light of the myriad of devices capable of receiving broadcast signals without such licensing.

As ZBC navigates a competitive environment filled with alternative media options, it must adapt by seeking innovative revenue streams rather than relying on archaic licencing laws. The time has come for Zimbabwe to repeal the ZBC licence requirement, paving the way for a more dynamic, inclusive, and modern media landscape. A commitment to legislative reform will not only empower consumers but will also facilitate a broadcasting environment that reflects the diverse voices and perspectives of the nation.