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Zambia National Broadcasting Corporation Act, 2025

Act 26 of 2025

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Zambia National Broadcasting Corporation Act, 2025
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Citation
Act 26 of 2025
Date
30 December 2025
Language
English
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Zambia

Zambia National Broadcasting Corporation Act, 2025

Act 26 of 2025

An Act to continue the existence of the Zambia National Broadcasting Corporation and re-define its functions; reconstitute the Board of the Zambia National Broadcasting Corporation and re-define its functions; provide for the imposition, payment and collection of a broadcast levy; repeal and replace the Zambia National Broadcasting Corporation Act, Cap. 154; and provide for matters connected with, or incidental to, the foregoing.ENACTED by the Parliament of Zambia.

Part I – Preliminary provisions

1. Short title and commencement

This Act may be cited as the Zambia National Broadcasting Corporation Act, 2025, and shall come into operation on the date appointed by the Minister, by statutory instrument.

2. Interpretation

In this Act, unless the context otherwise requires—“active politics” has the meaning assigned to the words in the Benefits of Former Presidents Act;[Cap.15]“agent” means a person appointed as an agent of the Corporation under section 12;“associate” has the meaning assigned to the word in the Anti Corruption Act;[Cap. 91]“Authority” means the Independent Broadcasting Authority continued in existence under the Independent Broadcasting Authority Act, 2025;[Act No. 25 of 2025]“Board” means the Board of the Corporation constitute under section 6;“Broadcast Charter” has the meaning assigned to the words in the Independent Broadcasting Authority Act, 2025;[Act No. 25 of 2025]“broadcast content” has the meaning assigned to the words in the Independent Broadcasting Authority Act, 2025;[Act No. 25 of 2025]“broadcast levy” means the broadcast levy charged under section 11;“broadcast signal” means a television or radio signal transmitted for the purposes of providing a broadcasting service, despite the means of transmission;“broadcasting” has the meaning assigned to the word in the Independent Broadcasting Authority Act, 2025;[Act No. 25 of 2025]“broadcasting service” has the meaning assigned to the words in the Independent Broadcasting Authority Act, 2025;[Act No. 25 of 2025]“Chairperson means the person elected as Chairperson of the Board under section 6;“Corporation” means the Zambia National Broadcasting Corporation continued under section 4;“Council of Non-Governmental Organisations” means the Council of Non-Governmental Organisations constituted under the Non-Governmental Organisations Act;[Cap. 172]“device” means an equipment capable of receiving a radio, television or any other broadcast signal;“Director-General” means the person appointed as Director-General of the Corporation under section 8;“editorial policy” has the meaning assigned to the words in the Independent Broadcasting Authority Act, 2025;[Act No. 25 of 2025]“Emoluments Commission” means the Emoluments Commission established under the Constitution;[Cap. 1]“Engineering Institution of Zambia” means the Engineering Institution of Zambia continued in existence under the Engineering Institution of Zambia Act;[Cap. 432]“higher education institution” has the meaning assigned to the words in the Higher Education Act;[Cap. 136]“Law Association of Zambia” means the Law Association of Zambia established under the Law Association of Zambia Act;[Cap. 31]“legally disqualified” means the absence of legal capacity as provided under section 4 of the Mental Health Act;[Cap. 305]“local authority” has the meaning assigned to the words in the Constitution;[Cap. 1]“Public service broadcaster” means a broadcaster that serves public interest in the provision of broadcasting services and is accountable to the public;“relative” has the meaning assigned to the word in the Anti-Corruption Act, ;[Cap. 91]“repealed Act” means the Zambia National Broadcasting Corporation Act, repealed under section 28;[Cap. 154]“state owned broadcaster” means a broadcaster established under section 9; and“Vice Chairperson” means the person elected as Vice Chairperson of the Board under section 6.

3. Guiding principles and values of Corporation

The Corporation shall, in its operations, be guided by the following principles and values:
(a)professional standards and ethics;
(b)public interest;
(c)press freedom;
(d)freedom of expression;
(e)national values and principles enshrined in the Constitution; and
(f)inclusivity.

Part II – The Zambia National Broadcasting Corporation

4. Continuation of Corporation

(1)The Zambia National Broadcasting Corporation established under the repealed Act is continued as if established under this Act as a body corporate with perpetual succession and a common seal, capable of suing and being sued in its corporate name and has power, subject to the provisions of this Act, to do all acts and things as a body corporate may, by law, do or perform.
(2)The First Schedule applies to the Corporation.

5. Function of Corporation

(1)The Corporation is a public service broadcaster responsible for providing broadcasting services in a balanced manner that reflects public interest.
(2)Despite the generality of subsection (1), the functions of the Corporation are to—
(a)promote production and broadcasting of local content;
(b)provide varied and balanced programming that reflects the diversity, culture, norms and beliefs of the Republic;
(c)establish and maintain audio and audio-visual libraries and archives containing materials relevant to the functions of the Corporation, and to make available to the public such libraries and archives; and
(d)establish a radio channel or television channel as the Corporation may determine.
(3)Except as otherwise provided in this Act, the Corporation shall not be subject to the direction of a person or an authority in the performance of its functions.

6. Board of Corporation

(1)There is constituted the Board of the Corporation which consists of the following part-time members appointed by the Minister:
(a)a representative of the ministry responsible for broadcasting;
(b)a representative of the Attorney-General;
(c)a representative of the Engineering Institution of Zambia;
(d)a representative of a higher education institution that offers media studies;
(e)a representative of a recognised professional media body;
(f)a representative of a Christian religious body;
(g)a representative of the Council of Non-Governmental Organisations; and
(h)two persons from the private sector with relevant knowledge and experience in matters relating to this Act.
(2)The members referred to under subsection (1)(a) to (g) shall be nominated by their respective ministries, institutions or organisations for appointment by the Minister.
(3)Subject to subsection (4), the members shall elect the Chairperson and Vice Chairperson from among themselves.
(4)A member referred to under subsection (1) (a) and (b) shall not be eligible for election to the positions of Chairperson and Vice Chairperson.
(5)A person shall not be nominated or appointed as a member of the Board if that person—
(a)is not a citizen;
(b)is a member of parliament or local authority;
(c)is an office bearer or employee of a political party;
(d)is adjudged bankrupt under any written law;
(e)has been convicted of an offence involving fraud or dishonesty;
(f)has been convicted of an offence under this Act or any other written law and sentenced to a term of imprisonment exceeding six months without the option of a fine; or
(g)is a member of a board, employee or shareholder of an institution in the broadcasting industry or a subsidiary of the Corporation.
(6)The First Schedule applies to the Board.

7. Functions of Board

(1)Subject to this Act, the Board shall provide strategic policy direction to the Corporation.
(2)Despite the generality of subsection (1), the functions of the Board are to—
(a)approve the policies, programmes and strategies of the Corporation;
(b)approve the annual budget estimates and financial statements of the Corporation;
(c)approve the annual work plans, action plans and activity reports of the Corporation;
(d)monitor and evaluate the performance of the Corporation against budgets and plans;
(e)promote the effective corporate governance of the Corporation; and
(f)advise the Minister on matters relating to the broadcasting industry.
(3)The Board may, by direction in writing and on conditions that the Board considers necessary, delegate to the Director-General any of the Board’s functions under this Act.
(4)A delegation made under subsection (3) shall not prevent the Board from performing the function so delegated.

8. Director General, Secretary and other staff

(1)The Board shall appoint a Director-General who shall be—
(a)the chief executive officer of the Corporation; and
(b)responsible for the day-to-day administration of the Corporation under the direction of the Board.
(2)A person shall not be appointed as a Director-General if that person is—
(a)not a citizen;
(b)a member of Parliament or local authority;
(c)an office bearer or employee of a political party; or
(d)in active politics.
(3)The Director-General shall attend meetings of the Board or a committee of the Board and may address those meetings, but shall have no vote.
(4)The Board shall appoint a Secretary who shall perform corporate secretarial duties for the Board and other functions that the Board may determine, under the direction of the Board and the Director-General.
(5)The Board shall appoint other staff of the Corporation that the Board considers necessary for the performance of the functions of the Corporation.
(6)The Emoluments Commission shall, on the recommendation of the Board, determine the emoluments of the Director-General, Secretary and other staff of the Corporation.
(7)The Board shall determine the terms and conditions of service, other than emoluments, of the Director-General, Secretary and other staff of the Corporation.

Part III – State owned broadcaster and broadcast charter

9. Establishment of state owned broadcaster

(1)The Minister may, on the recommendation of the Corporation and approval of Cabinet, by statutory instrument, establish a state owned broadcaster.
(2)The Corporation shall issue an operating certificate, in a prescribed manner and form, to a state owned broadcaster established under subsection (1).
(3)The operations of a state owned broadcaster established under subsection (1) shall be funded by the Government.

10. Broadcast Charter

The Broadcast Charter issued by the Authority under the Independent Broadcasting Authority Act, 2025, shall apply to the broadcast content and broadcast services of the Corporation and a state owned broadcaster.[Act No. 25 of 2025]

Part IV – Broadcast levy

11. Charge of broadcast levy

(1)The Corporation shall charge and collect a broadcast levy, as prescribed, from a person in possession of, or who uses, a prescribed device capable of receiving a broadcast signal.
(2)The Minister may, on recommendation of the Corporation, by statutory instrument, exempt a person from the payment of the broadcast levy under subsection (1).

12. Appointment of agent

(1)Despite section 11(1), the Director-General may appoint an agent for purposes of collecting a broadcast levy under this Act.
(2)The Corporation shall, where the Corporation appoints an agent under subsection (1), issue to that agent a certificate of appointment in a prescribed form and an identification card which shall be prima facie evidence of the agent’s appointment as agent.
(3)An agent shall, in performing a function under this Act—
(a)be in possession of the identification card referred to in subsection (2); and
(b)show the identification card to a person who requests to see the identification card.

13. Remittance of broadcast levy

(1)An agent referred to under section 12 shall, within ten days after the end of each month, remit the broadcast levy collected under that section to the Corporation accompanied by relevant information as prescribed.
(2)An agent that fails to remit the broadcast levy to the Corporation in accordance with subsection (1) commits an offence and is liable, on conviction, to a penalty at the interbank lending rate applicable on the unremitted amount for each day the amount remains unremitted.

14. Information relating to broadcast levy

An agent shall keep and maintain relevant information relating to broadcast levy as may be prescribed.

Part V – Inspectorate

15. Inspectors

(1)The Corporation shall, appoint suitably qualified persons as inspectors for purposes of ensuring compliance with this Act.
(2)The Corporation shall issue an inspector with an identification card which shall be prima facie evidence of the inspector’s appointment as inspector.
(3)An inspector shall, in performing a function under this Act—
(a)be in possession of the identification card referred to in subsection (2); and
(b)show the identification card to a person who requests to see the identification card or is the subject of an investigation under this Act.

16. Powers of inspectors

(1)An inspector may, for the purpose of enforcing this Act, at any reasonable time, without prior notice, and on the authority of a warrant, enter any premises that the inspector has reasonable grounds to believe is used for the commission of an offence or is contrary to this Act, and—
(a)search the premises;
(b)search any person on the premises if the inspector has reasonable grounds to believe that the person has possession of an article, document or record that has a bearing on an inspection or investigation, except that a person shall only be searched by a person of the same sex;
(c)take extracts from, or make copies of, any book, document or record that is on the premises and that has a bearing on an inspection or investigation;
(d)demand the production of, and inspect, relevant certificates; and
(e)make inquiries that may be necessary to ascertain whether the provisions of this Act or any other law on which an inspection or investigation is based, have been complied with.
(2)An inspector who removes anything from any premises shall—
(a)issue a receipt for anything removed to the owner or the person in control of the premises; and
(b)return anything removed as soon as practicable after the thing removed has served the purpose for which it was removed.
(3)An inspector shall furnish the Board with a written report and any other information relating to an inspection.
(4)A person commits an offence if that person—
(a)delays or obstructs an inspector in the performance of the inspector’s functions under this Act;
(b)refuses to give an inspector reasonable assistance as the inspector may require for the purpose of performing the inspector’s functions;
(c)impersonates an inspector or presents oneself to be an inspector; or
(d)wilfully gives an inspector false or misleading information in answer to an inquiry made by the inspector.
(5)A person convicted of an offence under subsection (4) is liable to a fine not exceeding three hundred thousand penalty units or to imprisonment for a term not exceeding three years, or to both.

Part VI – Financial provisions

17. Funds of Corporation

(1)The funds of the Corporation consist of monies that may—
(a)be appropriated to the Corporation by Parliament;
(b)be paid to the Corporation by way of fees, charges, grants or donation;
(c)be paid to the Corporation by way of a broadcast levy; or
(d)vest in, or accrue to, the Corporation.
(2)Subject to the Public Finance Management Act, the Corporation may, with the approval of the Minister, accept monies by way of grants or donations from any source within or outside the Republic.[Cap. 347]
(3)The loans for the Corporation shall be raised in accordance with the Public Debt Management Act, 2022.[Act No.15 of 2022]
(4)There shall be paid from the funds of the Corporation—
(a)the salaries, allowances, loans, gratuities and pensions of the staff of the Corporation and other payments for the recruitment and retention of staff;
(b)reasonable travelling expenses and other allowances for members of the Board or members of a committee of the Board when engaged in the business of the Corporation at rates that the Emoluments Commission may, on the recommendation of the Minister, determine; and
(c)any other expenses incurred by the Corporation in the performance of the Corporation’s functions under this Act.
(5)Subject to the Public Finance Management Act; the Board may, with the approval of the Minister, invest in a manner that the Board considers necessary any of the Corporation’s funds that the Corporation does not immediately require for the performance of the Corporation’s functions.[Cap. 347]

18. Financial year

The financial year of the Corporation shall be a period of twelve months ending on 31st December in each year.

19. Accounts

(1)The Board shall cause to be kept proper books of accounts and other records relating to the accounts of the Corporation.
(2)The accounts of the Corporation shall be audited annually by the Auditor-General or an auditor appointed by the Auditor-General.
(3)The fees for the Auditor-General or an auditor appointed by the Auditor-General shall be paid by the Corporation.

20. Annual report

(1)The Corporation shall, as soon as practicable, but not later than ninety days after the end of a financial year, submit to the Minister a report concerning the functions and activities of the Corporation during that financial year.
(2)The report referred to in subsection (1) shall include information on the financial affairs of the Corporation and there shall be appended to the report—
(a)an audited statement of financial position;
(b)an audited statement of comprehensive income and expenditure; and
(c)any other information that the Minister may require.
(3)The Minister shall, not later than seven days after the first sitting of the National Assembly next after receipt of the report referred to in subsection (1), lay the report before the National Assembly.

Part VII – General provisions

21. Editorial policy

(1)The Corporation and a state-owned broadcaster shall develop and submit an editorial policy to the Authority in accordance with the Independent Broadcasting Authority Act, 2025.
(2)The Corporation and a state-owned broadcaster shall, in developing and adopting an editorial policy under subsection (1), be guided by the principles and values of the Corporation under section 3.

22. Immunity

An action or other proceedings shall not lie or be instituted against a member of the Board or a committee of the Board or a member of staff of the Corporation for, or in respect of, an act or thing done or omitted to be done in good faith in the exercise or performance of any of the powers, functions or duties conferred under this Act.[Act No. 25 of 2025]

23. Prohibition of disclosure of information to unauthorised persons

(1)A person shall not, without the consent in writing given by or on behalf of the Corporation, publish or disclose to any person otherwise than in the course of that person’s duties, the contents of any document, communication or information, which relates to, and which has come to that person’s knowledge in the course of that person’s duties under this Act.
(2)A person who contravenes subsection (1) 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.
(3)A person who, having information which to the knowledge of that person has been published or disclosed in contravention of subsection (1), unlawfully publishes or communicates the information to any person commits an offence and is liable, on conviction, to a fine not exceeding two hundred thousand penalty units or to imprisonment for a period not exceeding two years, or to both.

24. Guidelines for handling of complaints

Subject to the Independent Broadcasting Authority Act, 2025, the Corporation shall establish guidelines for handling of complaints relating to the provision of broadcasting services under this Act.[Act No. 25 of 2025]

25. Administrative penalty

(1)The Corporation may impose an administrative penalty on a person for failure to comply with this Act which is not an offence.
(2)An administrative penalty shall not exceed the amount prescribed by the Minister, by statutory instrument, for each day during which the failure continues.
(3)An administrative penalty is payable to the Corporation within the period specified by the Corporation.
(4)If a person on whom an administrative penalty is imposed in accordance with this section fails to pay the administrative penalty within the time specified under subsection (3), the Corporation may, by way of civil action in a competent court, recover the amount of the administrative penalty from that person as an amount due and owing to the Corporation.

26. Execution of judgement

(1)Where a judgment or court order is obtained against the Corporation, execution, attachment or process of any nature shall not be issued against the Corporation or against any property of the Corporation.
(2)Despite subsection (1), the Corporation shall cause to be paid out of the Corporation’s funds an amount of money as may, by judgment or court order, be awarded against the Corporation to the person entitled to the money.

27. Regulations

(1)The Minister may, on the recommendation of the Corporation, by statutory instrument, make regulations for the better carrying out of the provisions of this Act.
(2)Despite the generality of subsection (1), the regulations may provide for the—
(a)fees and charges to be paid to the Corporation under this Act;
(b)collection of broadcast levy;
(c)management and operation of a state owned broadcaster; and
(d)nature of information that shall be made available to the public, relating to a subsidiary, business partnership or joint venture in which the Corporation has an interest.

28. Repeal of Cap. 154 and savings and transitional provisions

(1)The Zambia National Broadcasting Corporation Act is repealed.
(2)Despite subsection (1), the provisions of the Second Schedule apply in respect of the matters specified in the Second Schedule.

First Schedule (Sections 4(2) and 6(6))

The Zambia National Broadcasting Corporation

Administration of Corporation

1.Seal of Corporation
(1)The seal of the Corporation shall be a device that may be determined by the Board and shall be kept by the Secretary of the Board.
(2)The affixing of the seal shall be authenticated by the Chairperson or the Vice Chairperson and the Director-General or any other person authorised in that behalf by a resolution of the Board.
(3)A contract or instrument which, if entered into or executed by a person not being a body corporate, would not be required to be under seal, may be entered into or executed without seal on behalf of the Corporation by the Director-General or any other person generally or specifically authorised by the Board in that behalf.
(4)A document purporting to be a document under the seal of the Corporation or issued on behalf of the Corporation shall be received in evidence and shall be deemed to be so executed or issued, without further proof, unless the contrary is proved.
2.Tenure of office of member
(1)Subject to this Act, a member of the Board shall hold office for a term of three years and may be re-appointed for a further and final term of three years.
(2)A member of the Board shall, on the expiration of that term for which that member is appointed, continue to hold office until another member is appointed, but in no case shall the further period exceed three months.
3.Vacancy of office of member
(1)The office of a member becomes vacant if the member—
(a)dies;
(b)is adjudged bankrupt;
(c)is absent, without reasonable excuse, from three consecutive meetings of the Board of which the member has had notice, without the prior approval of the Board;
(d)resigns, by giving one month’s notice in writing, to the Minister;
(e)is legally disqualified;
(f)joins active politics;
(g)ceases to be an employee or a member of the ministry, institution or organisation that nominated the member; or
(h)is convicted of an offence under this Act or any other written law and sentenced to imprisonment for a term exceeding six months without the option of a fine.
(2)The Minister shall, where the office of a member becomes vacant before the expiry of the term of office, appoint another person to replace the member who vacates office but that person shall only hold office for the remainder of the term.
4.Proceedings of Board
(1)Subject to this Act, the Board may regulate its own procedure.
(2)The Board shall meet for the transaction of business at least once every three months at a place and time that the Board may determine.
(3)The Chairperson shall, on giving notice of not less than fourteen days, or where one third or more of the members so request, in writing, call for a meeting of the Board, except that if the urgency of a particular matter does not permit the giving of a notice, a special meeting may be called on giving a shorter notice.
(4)Five members of the Board shall form a quorum at any meeting of the Board.
(5)There shall preside at a meeting of the Board—
(a)the Chairperson;
(b)in the absence of the Chairperson, the Vice-Chairperson; or
(c)in the absence of the Chairperson and the Vice Chairperson, a member that the members present may elect for the purpose of that meeting.
(6)A decision of the Board on any question shall be by a majority of the members present and voting at the meeting and, in the event of an equality of votes, the person presiding at the meeting shall have a casting vote in addition to that person’s deliberative vote.
(7)The Board may invite any person whose presence, in its opinion, is desirable to attend and participate in the deliberations of the meeting of the Board but that person shall have no vote.
(8)The validity of any proceedings, act or decision of the Board shall not be affected by any vacancy in the membership of the Board or by any defect in the appointment of any member or by reason that any person not entitled so to do took part in the proceedings.
(10)The Board shall cause minutes to be kept of the proceedings of the meetings of the Board and of any committee of the Board.[Please note: numbering as in original.]
5.Committee of Board
(1)The Board may, for the purpose of performing its functions under this Act, constitute a committee and delegate to the committee functions of the Board it considers necessary.
(2)The Board may appoint as members of a committee persons who are, or are not, members of the Board, except that at least one member of the committee shall be a member of the Board.
(3)A member of a committee shall hold office for a period that the Board may determine, except that the term of a committee shall not exceed the term of office of the Board.
(4)Subject to any specific or general direction of the Board, a committee may regulate its own procedure.
6.AllowancesA member of the Board or a committee of the Board shall be paid allowances that the Emoluments Commission may, on recommendation of the Minister, determine.
7.Disclosure of interest
(1)A person who is present at a meeting of the Board or a committee of the Board at which any matter is the subject of consideration, and in which matter that person or that person’s relative or associate is directly or indirectly interested in a private capacity, shall, as soon as practicable after the commencement of the meeting, declare the interest and shall not, unless the Board or committee otherwise directs, take part in any consideration or discussion of, or vote on, any question relating to that matter.
(2)A disclosure of interest made under this paragraph shall be recorded in the minutes of the meeting at which the disclosure is made.

Second Schedule (Section 28)

Savings and transitional provisions

1.InterpretationIn this Schedule “former Corporation” means the Zambia National Broadcasting Corporation established under the repealed Act.
2.Member of former CorporationA person who immediately before the commencement of this Act held office as a member of the Board of the former Corporation shall continue to hold office as a member of the Board for a period of three months after which the Minister shall appoint the members of the Board in accordance with this Act.
3.Staff of Corporation
(1)For the avoidance of doubt, a person who, before the commencement of this Act, was an officer or employee of the former Corporation, shall continue to be an officer or employee of the Corporation, as if appointed or employed under this Act.
(2)The service of the persons referred to in subparagraph (1) shall be treated as continuous service.
(3)Nothing in this Act affects the rights and liabilities of any person employed or appointed by the former Corporation before the commencement of this Act.
4.Transfer of assets
(1)On or after the commencement of this Act, there shall be transferred to, vest in and subsist against the Corporation by virtue of this Act and without further assurance, all assets, rights and obligations which immediately before that date were the assets, rights, liabilities and obligations of the former Corporation.
(2)Subject to subparagraph (1), every deed, bond and agreement, other than an agreement for personnel service, to which the former Corporation was a party immediately before the commencement of this Act whether or not of a nature that rights, liabilities and obligations could be assigned, shall, unless its subject matter or terms make it impossible that it should have effect as modified, as provided under this paragraph, have effect as if—
(a)the Corporation had been party to it;
(b)for reference to the former Corporation there was substituted, with respect to anything falling to be done on or after the commencement of this Act, a reference to the Corporation; or
(c)for any reference to any officer of the former Corporation, not being a party to it and beneficially interested, there was substituted, with respects to anything required to
be done on or after the commencement of this Act, a reference to that officer of the Corporation that the Corporation shall designate.
(3)Where under this Act, any assets, rights, liabilities and obligations of the former Corporation are deemed to be transferred to the Corporation in respect of which transfer a written law provides for registration, the Corporation shall make an application in writing to the appropriate registration authority for registration of the transfer.
(4)The registration authority, referred to in subparagraph (3), shall make entries in the appropriate register that shall give effect to the transfer and, where applicable, issue to the transferee concerned a certificate of title in respect of the property or make necessary amendments to the register and shall endorse the deeds relating to the title, right or obligation concerned and no registration fees or other duties shall be payable in respect of the transaction.
5.Legal proceedings
(1)Any legal proceedings or application of the former Corporation pending immediately before the commencement of this Act by or against the former Corporation may be continued by or against the Corporation.
(2)After the commencement of this Act, proceedings in respect of any right, liability or obligation which was vested in, held, enjoyed, incurred or suffered by the former Corporation, may be instituted by or against the Corporation.

History of this document

30 December 2025 this version
23 December 2025
Assented to
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