The Laws of Zambia

(2) In fixing the terms and conditions of a licence to operate a diffusion service in
Zambia the Minister may have regard to the provisions of any agreement between the
applicant for the licence and the Corporation.

(3) The Minister may by statutory notice exempt any operator or a class of operators
of a diffusion service from compliance with the provisions of subsection (1).

27. If the Minister is of the opinion that a broadcast is defamatory, blasphemous,
obscene or seditious he may, by notice in writing delivered at the principal office of the
Corporation, prohibit the Corporation from making such broadcast and the Corporation
shall comply with any such notice.

Power to prohibit
broadcast of certain
matter

28. (1) Where there is in force a proclamation of a state of public emergency or
threatened public emergency under the Constitution the President may make an order
authorising an officer or an authority to-

Powers of President in
times of emergency
Cap. 1

(a)

take over all broadcasting stations or any particular broadcasting station in
Zambia; and

(b)

control and direct all broadcasting services from the broadcasting stations
or broadcasting station to which the provisions of paragraph (a) relate for so
long as the President considers it expedient;

and in so doing may require the exclusive services of the persons employed in working,
maintaining or carrying on the same.

(2) When an officer or an authority is authorised to take over a broadcasting station
in terms of subsection (1), the person owning or controlling the broadcasting station shall
give up possession to the President or the officer or authority, and the persons employed
in working or maintaining the broadcasting station or in carrying on broadcasting service
from the broadcasting station shall, if the President in terms of that subsection requires
their exclusive services, diligently and faithfully obey, during the period the broadcasting
station is in possession of the officer or authority, all such orders and other directions as
the officer or authority may give in connection with the working or maintenance of the
broadcasting station or the carrying on of broadcasting services from the broadcasting
station.

(3) Reasonable compensation shall be paid from monies appropriated for the
purpose by Parliament to a person who suffers loss or damage through the exercise of the
powers conferred by this section in such amount as may be agreed between the person
and the Minister.

(4) If a dispute arises as to the amount of compensation payable in terms of
subsection (3), the Minister or any person claiming to be entitled to compensation may
refer such dispute to the National Assembly which shall by resolution determine the
amount of compensation to be paid.

Copyright Ministry of Legal Affairs, Government of the Republic of Zambia

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