Independent Broadcasting Authority (Amendment)

An Act to amend the Independent Broadcasting
Authority Act. [22nd December, 2017
ENACTED by the Parliament of Zambia. 1. (1) This Act may be cited as the Independent Broadcasting
Authority (Amendment) Act, 2017, and shall be read as one with
the Independent Broadcasting Authority Act, 2002, in this Act
referred to as the principal Act. (2) This Act shall come into operation on 1st January, 2018. 2.

endent Broadcasting Authority Act, 2002, in this Act
referred to as the principal Act. (2) This Act shall come into operation on 1st January, 2018. 2.

Section 2 of the principal Act is amended by the —
(a) deletion of the definition of “ public broadcasting” and
the substitution therefor of the following:
“ public broadcasting service ” means the acquisition
production, and distribution by public broadcasting stations
of non-commercial educational, instructional, informational,
entertainment, advisory or cultural television and radio
programmes and information that may be transmitted by
means of electronic communications, and related material
and services provided on non-profit basis; and
(b) insertion of the following definitions in the appropriate
places:
“subscriber management service” means a subscription
service provided by a licensee entitled to provide a digital
broadcasting service; and
“ television levy ” means the levy charged under section 22A
of this Act. Independent Broadcasting
Authority (Amendment) [No. 18 of 2017 675
Enactment
Amendment
of section 2
Short title
and
commence-
ment
Act No. 17
of 2002
Single copies of this Act may be obtained from the Government Printer,
P.O. Box 30136, 10101 Lusaka, Price K4.00 each. GOVERNMENT OF ZAMBIA
ACT
No. 18 of 2017
Date of Assent:19th December, 2017

rom the Government Printer,
P.O. Box 30136, 10101 Lusaka, Price K4.00 each. GOVERNMENT OF ZAMBIA
ACT
No. 18 of 2017
Date of Assent:19th December, 2017

3. Section 5(2) of the principal Act is amended by the—
(a) insertion of the following paragraph after paragraph (j):
(k) to administer and collect the television levy and
any other fee payable in respect of a public
broadcasting service; and
(b) renumbering of paragraphs (k) and (l) as paragraphs (l)
and (m). 4. The principal Act is amended in Part IV by the deletion of
the heading “BROADCASTING SERVICES AND LICENCES”
and the substitution therefor of the heading “BROADCASTING
SERVICES, LICENCES AND TELEVISION LEVY”. 5. The principal Act is amended by the insertion of the following
new section immediately after section 22:
22A. (1) The Authority shall charge a television levy on
the subscription payment made by a person to a licensee that
provides a subscriber management service during any period
of subscription at the rate prescribed by the Minister
by Statutory Instrument. (2) The Authority shall apply the television levy charged
under subsection (1) to public broadcasting services. (3) A licensee that collects the television levy under
subsection (1) shall remit the levy to the Authority not later
than the tenth day of the month following the month in which
the levy is paid.

vy under
subsection (1) shall remit the levy to the Authority not later
than the tenth day of the month following the month in which
the levy is paid.

(4) A licensee that contravenes this section commits an
offence and is liable on conviction to a fine not exceeding
two hundred thousand penalty units or to imprisonment for a
term not exceeding two years or to both. (5) The Minister may by statutory instrument, make
regulations for the better collection and administration of the
levy. 6. Section 39 (1) (b) of the principal Act is amended by the
insertion of the word “levies” immediately after the word
“grants”. Insertion of
section 22A
Independent Broadcasting
676 No. 18 of 2017] Authority (Amendment)
Television
levy
Amendment
of Section 39
Amendment
of section 5
Amendment
of Part IV