WIPO Lex

The Broadcasting Services Act, 1993

THE BROADCASTING SERVICES ACT, 1993 ARRANGEMENT OF SECTIONS

TitleSection PART I

PRELIMINARY 1. Short title and commencement 2. Interpretation 3. Application of this Act 4. Tanzania Broadcasting Services

PART II THE TANZANIA BROADCASTING COMMISSION

5. Establishment of Commission 6. Functions of the Commission 7. Limitation of liability of members 8. Registrar and Secretariat of the Commission

PART III BROADCASTING LICENSING

9. Prohibition on unlicensed broadcasting 10. Qualification and application for licence 11. Issue of licence 12. Extent of authority and renewal of licence

PART IV COORDINATION AND SUPERVISION OF BROADCASTING

13. Duties of licence holder and programme content 14. Where breach of conditions occurs 15. Rights and obligations of broadcasters 16. Power to investigate

PART V ACTIVITIES OF THE COMMISSION AND FINANCIAL PROVISIONS

17. Commission may delegate its functions 18. Accounts and audit 19. Registrar's report 20. Funds of the Commission, 21. Power to invest 22. Annual report to the National Assembly 23. Minister may give directions

PART VI MISCELLANEOUS PROVISIONS

24. Offences 25. Provisions in relation to national security 26. Transfer of licence 27. Regulations

Broadcasting ServicesNo. 6 31993

THE UNITED REPUBLIC OF TANZANIA

No. 6 of 1993 I ASSENT,

President

11 1993 An Act to make provision for the management and regulation of broad-

casting and for other matters related to it ENACTED by the Parliament of the United Republic of Tanzania.

II PART I

PRELIMINARY

1. This Act may be cited as the Broadcasting Services Act, 1993, and shall come into operation on such date as the Minister may, by notice a published in the Gazette, appoint.

2. In this Act, except where the context requires otherwise- Interpre- tation Ap-''broadcaster'' means a person who is licensed under this Act to carry plicationon a broadcasting service;

''broadcasting apparatus'' means an apparatus for the reception of tele- vision broadcasts or for the reception of sound broadcasts, and where an apparatus is designed or constructed for the reception of both television and sound broadcast (other than those relating to television broadcasts) such apparatus shall be deemed to comprise two sets of apparatus, one for the reception of television broadcasts and one for the reception of sound broadcasts, as the case may be;

"broadcasting service'' means a radio communication service in which the transmissions are intended for direct transmissory reception by members of the general public, and ''broadcast'' used as a verb shall be construed accordingly;

''broadcasting station'' means all premises whatsoever used for the pur- pose of carrying on a broadcasting service together with the transmit- ters, apparatus and equipment, including vehicles, required in connec- tion with them;

''Commission'' means the Tanzania Broadcasting Commission estab- lishsed by section 5;

Short title and com- merce- ment

Broadcasting Services 1993No. 64

''dealer'' means a person who- (a) carries on a trade, business or industry in which broadcasting

apparatus are assembled, manufactured, imported, bought, sold, hired, or exchanged, or

(b) deals in motor vehicles in which broadcasting apparatus are instal- led;

inspector for the purposes of this Act; ''Minister'' means the Minister for the time being responsible for infor-

mation;- ''licence'' means a licence issued under the provisions of this Act; ''licensed premises'' means premises in respect of which a broadcaster's

licence, dealer's licence or repairer's licence is in force; ''radio communication service'' means the transmission of writing, signs,

signal's, pictures and sounds of all descriptions of any kind, wholly or partly by means of electromagnetic waves of frequencies between ten kilocycles per second and three million megacycles per second;''repair'' in relation to broadcasting apparatus includes providing mainte- nance service of any kind and fitting spare parts;.

'repairer- means a person who by way of' trade. business, or industry carries out repairs to or provides maintenance services for broadcasting apparatus. 3.-(I) This Act shall have effect notwithstanding but without pre-

judice to the provisions of the Tanzania Posts and Telecommunications Applica- tion of this Act Acts, 1977 No. 15 Corporation Act, 1977.

(2) This Act shall apply to all persons carrying on business which involves-

(a) the offering for sale, selling, letting on hire or dealing otherwise in broadcasting apparatus;

(b) the ownership and operation of a broadcasting service. (3) The Minister may, by order published in the Gazette, exempt from

the provisions of this Act- (a) any business or any category of businesses involving broadcasting; (b) any person carrying on any business or any category of such

persons. (4) No licence under this Act shall be required or be necessary for

the carrying on of any part of its business which involves broadcasting- (a) to which business the provisions of subsection (2) do not apply; (b) which is exempt from the provision- of this Act by an order under

subsection (3);

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(5) Nothing in this section shall be construed as exempting from the provisions of this Act any business to which subsection (4) does not apply and which is carried on together with any business to which that subsection applies.

4.-(1) The Minister may- TanzaniaBroad- (a) provide for and carry on broadcasting services in the United casting

Republic to be known as Tanzania Broadcasting Services, for Services the education, entertainment and information of listeners and viewers in the United Republic;

(b) provide for and carry on such broadcasting services for reception by listeners and viewers outside the United Republic as he deems desirable;

(c) carry on or operate such other services including diffusion services and such undertakings in connection with these services as he may deem necessary or expedient;

(d) establish, maintain, or continue to maintain and operate in any part of the United Republic such number and size of broadcasting stations as he may consider necessary or expedient for the carrying out of the provisions of this section.

(2) For the purposes of this section, the Tanzania Broadcasting ser- vices may be constituted in two branches as follows:

(a) a branch to be known as Radio Tanzania, which shall be respon- sible for radio broadcasting, and

(b) a branch to be known as Tanzania Television which shall be responsible for television broadcasting.

PART 41 THE TANZANIA BROADCASTING COMMISSION

5--(1) There is hereby established a commission to be known as the Establish. Tanzania Broadcasting Commission, ment of

commis- (2) The Commission shall- sion (a) be a body corporate with perpetual succession and a common seal; (b) in its corporate name, be capable of suing and being sued, (c) for and in connection with the purposes of this Act, be capable

of acquiring, holding and disposing of movable and immovable property in its corporate name.

(3) The provisions of the Schedule to this Act shall have effect as to the constitution and proceedings of the Commission and otherwise in relation to the Commission.

(4) The Minister may, by order published in the Gazette, amend, add to, vary or revoke and replace the provisions of the Schedule to this Act.

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6.-(1) Subject to this Act and to any regulations made under it, theFunctions of the functions of the Commission shall be- Commis-

(a) to issue broadcasting licences;sion (b) to regulate and supervise broadcasting activities, including but

limited to,. the relaying of sound, radio and television programmes from places in Tanzania to places outside Tanzania with, the intention that such broadcasts are received regularly in the United Republic or any part of it;

(c) to maintain a register of all persons licensed as broadcasters, dealers in broadcasting apparatus or operators of broadcasting stations;

(d) to regulate the activities of broadcasters and their conduct of broadcasting as well as that of dealers in broadcasting apparatus;, (e) to be responsible for the standardization, planning and manage- ment of the frequency spectrum available for broadcasting and to allocate such spectrum resources in such manner as to ensure the widest possible diversity of programming and optimal utiliza- tion of the spectrum resources, giving priority where possible to the broadcaster transmitting the maximum number of hours per day and to community-based broadcasters.

(2) The Commission shall perform any other function which may be assigned to it by the President in writing under his hand or by or under any other written law.,

(3) The Commission shall, in the performance of its functions under this Act, establish and maintain, as far as may be, practicable, a system of consultation, coordination and cooperation with the Tanzania Posts...and Telecommunications Corporation and with any other body or organi- sation established by or under any other written-law and having functions similar to those specified in sub-section (1) or having functions which relate to broadcasting or radiocommunication generally.

Limita- 7. No member of the Commission shall 'be held personally liable for any act or default of the Commission done or omitted bona fide in the, course of carrying out the responsibilities and functions of, or exercising

tion of Iia- bility of members the power conferred upon the Commission.

8.-(l) There shall be a full-time Secretariat of the Commission whichRegistrar and Sec- shall be under the direction of the Registrar.retariat of

(2) The Minister shall, after consultation with, the Commission ap-the Com- point a registrar Who may be a person holding an office of emolument in the public service and who shall hold and vacate office in accordance

mission

with the terms of his appointment. (3), The Registrar shall. not be a member of the Commission. (4) The Commission may, from time to time, with the prior approval,

of the Minister, appoint any person with expert knowledge in a particular field to assist the Commission with advice in, connection with any matter connected with its functions.

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(5) A person appointed under subsection (4) shall be paid such remun- eration as may be determined by the Commission with the approval of the Minister.

(6) The Commission may from time to time and subject to such direc- tions as the Minister may give in that behalf, appoint at such salaries and upon such terms and conditions as it may think fit, such other officers and employees of the Secretariat of the Commission as it may deem necessary for the proper and efficient conduct of the business and ac- tivities of the Commission.

PART III BROADCASTING LICENSING

9.-(l) No person shall transmit or receive and transmit, or otherwise operate a broadcasting service, deal in broadcasting apparatus or do or permit anything to be done for which a licence is required under this Act, unless he ii in possession of an appropriate licence.

Prohibi- tion on un- licensed broad- casting

10.-(l) An application for a licence under this Act may be made only by-

Qualifica- tion for and appli- cation for licence(b) a company at least 51% of whose share-holding is beneficially

owned by a citizen or citizens of the United Republic which is not, directly or indirectly, controlled by persons who are not citizens of the United Republic and whose principal place of business or registered office is in the United Republic.

(2) Any application for the grant of a licence under this act shall be made to the Commission in such form and manner and shall contain or be accompanied by-

(a) a prescribed application fee; (b) a prescribed deposit: (c) the applicant's proposals in relation to the policy and nature of

the service and a programme schedule in regard to the daily transmission time allocated to different programmes;

(d) network plan, technical specifications of the equipment an . d studio and installations programme;

(e) the Training programme involving local staff; (f) statement, of account setting out the financial resources available

to the application to conduct a broadcasting service; and

(g) such other information as the Commission, may, deem necessary in order to decide on the ability of applicant to provide a techni- cally viable and socially acceptable broadcasting service;

(3) When considering an application for the grant of a broadcasting licence, the Commission shall have regard to-

(a) the expertise, experience and financial resources available to the applicant;

Broadcasting Services 1993No. 68

(b) the desirability or otherwise of allowing any person or association of person, to have control of a substantial interest in:

(i) more than one broadcasting service; (ii) more than one radio station and one television station and

one registered newspaper which a common coverage and distribution area or significantly overlapping coverage and distribution areas;

(c) compliance with the prescribed technical broadcasting standards; (d) whether the conditions of a broadcasting licence shall unjustly

benefit one holder of a broadcasting licence above another; (e) the allocation of spectrum resources in such a manner as to ensure

the widest possible diversity of programming and the optimal utilisation of such resources, provide that priority may be given to broadcasters transmitting the maximum number of hours per day;

(f) the reservation of spectrum resources for future use; (g) the desirability of giving priority to community-based or national

development broadcasts; (h) the extent to which the applicant is determined and has planned

to train local staff in matters concerning radio or television broad- casting.

(4) The Commission shall publish in the Gazette and in any newspaper published in the United Republic a notice in respect of every application for the issue of a licence which it has received.

(5) Any person may, within fourteen days of publication of a notice under subsection (4) lodge with the Commission written representations if he wants to oppose the grant of a licence to the applicant, and such representations shall be taken into account when the Commission con- siders the application.

(6) Money paid to the Commission along with an application under this section shall not be refundable.

11--(1) Where the Commission is satisfied that a particular applicant meets the requirements of this Act for a licence holder it shall grant him a licence in the prescribed form and subject to payment of the prescribed fee.

Issue of fi- cence

(2) Upon the grant by the Commission of an application under section 10, it shall cause notice of that decision to be published in the Gazette and in any newspaper published in the United Republic, as well as to be given to the applicant.

(3) Where the Commission decides to grant an application for a li- cence, it may attach conditions to the licence in relation to-

(a) the frequencies that may be used in the operation of a station, the power limitations in respect of a station, the technical servicing and inspection of a station and any other technical specifications;

91993Broadcasting ServicesNo. 6

(b) the prevention of electric and other disturbances of radio recep- tion or the transmission over any telegraph line;

(c) the broadcasting or non-broadcasting of reports, announcements, news or other information which is required to be broadcast in the public interest, and

(d) the location of a transmitter station, when applicable, and the specific geographical ares to which the broadcast may be made.

(4) The Commission may, in respect of any particular broadcasting licence, and after giving the licence holder an opportunity to make written representions to the Commission in that behalf, amend any, of the prescribed conditions, including adding further conditions-

(a) if the Commission is of the opinion that it is in the interest of orderly spectrum management, or

(b) in order to give effect to any international treaty in relation to broadcasting to which Tanzania, is a party; or

or refusing an application may appeal to the minister in the form and manner to be prescribed in regulations.

(6) The Minister may, from time to time, upon advice of the Commis- sion, specify other matters or activities connected to broadcasting or apparatus in relation to which a licence shall be required in accordance with this Act.

12.-(1) A broadcasting licence a dealer's licence, a repairers licence and any other licence shall be issued for such period as the Commission

Extent of authority and re-may determine, but which shall not- newal of(a) in the case of a radio broadcasting licence, exceed three years;

(b) in the case of a television broadcasting licence, exceed five years. licence

(2) The Commission may upon application by the holder renew a licence upon its expiry for such period not exceeding five years as it may determine.

(3) An application for the renewal of a licence shall be made within the three months preceding the last three months before the date of expiry of the existing licence.

) The Commission may, when considering an application for the renewal of a licence, require such new or additional information as it may deem necessary to make a finding.

(5) If at the date of expiry of a licence the Commission has not yet reached a decision in respect of an application to renew it the licence shall continue to be of effect until the application for its renewal is granted or refused by the Commission.

(6) If after a broadcasting licence is granted a prescribed period elapses before any broadcast is made under the licence, that licence shall lapse.

Broadcasting Services 1992No. 610

PART IV COORDINATION AND SUPERVISION OF BROADCASTING

13.-(I) It shall be the duty of every person holding a licence granted under this Act to comply with all conditions subject to which the licence was granted.

Duties of licence holder and prog-

(2) The Commission may from time to time and with the prior ap- proval of the Minister by notice published in the Gazette specify such duties or further duties to be discharged by holders of such licences as may specified by the Commission.

ramme content

(3) Subject to this section, it shall be the duty of every person holding a broadcasting licence under this Act-

(a) to present all news in a factually accurate, impartial and non-par- tisan manner;

(b) to present current, affairs in a balanced', clear, factual, accurate and impartial manner;

(c) to encourage the development of Tanzanian and African expres- sion by providing a wide range of programming that reflects Tan- zanian and African attitudes, opinions, ideas, values and artistic creativity by displaying Tanzanian and Africa cultures and enter- tainment programmes;

(d) to serve the needs 'and interests and reflect the circumstances and aspirations of Tanzania men, women and children in a demo- cratic Tanzania society;

(e) to produce and maintain programmes of high standards; (f) to make maximum use of Tanzanian creative and other resources...in the creation and presentation of programming; (g) to limit advertisements to a maximum of 30 percent of the total...daily broadcasting time; (h) to contribute through programming to shared national conscious-

ness, identity and continuity. (i) to provide programming that caters for culture arts, sports and

education pertaining to Tanzania and Africa. (j) to comply with generally accepted standards of journalistic ethics,

in the editing of any programme to be broadcast as formulated in, the Code of Conduct for the Media, Professions;

(k) to keep and store sound and video recordings of all Programmes broadcast for a minimum period of three, months after the date of transmission of the broadcast, or for such further period as the Commission may direct;

(l) to disclose the name of the producer of every programme at the end of transmission of a programme;

(m) to respect copyright. and neighboring rights obligations in re- spect of any broadcast material.

1993 11Broadcasting ServicesNo. 6 14.-(1) The Commission shall supervise compliance by licence hol- Where

ders with the conditions and duties pertaining to licences held under breach conditionsthis Act. occurs

(2) Where the Commission,, as a result of inspection or of complaint by any person, is of the opinion that conditions or duties under this Act have been materially breached by a licence holder, it shall request him in writing to make written representations to the Commission regarding the alleged breach.

(3). If after considering the written representations made by a licence holder, the Commission is of the opinion that he has materially con- travened a condition or duty, it may issue an order-

(a) warning the licence holder; (b) directing the licence holder to effect a programme change within

a period not longer than thirty days from the date of receipt of the directions;

(c) directing the licence holder to disclose, free of charge and in such manner as the Commission may direct, the finding of the Commis- sion;

(d) imposing a fine on the licence holder, not exceeding T,Shs. 1,000,000/-

(e) suspending the broadcasting licence for a period determined by the Commission; or

(f) revoking the broadcasting licence.

15.-(1) A licence holder shall broadcast a counter version presented by any person or body of persons affected by an assertion of fact in any programme transmitted that the assertion of fact is in fact false.

(2) Notwithstanding subsection (1), a licence holder shall not transmit a counter version if-

(a) the person or organisation concerned has no direct interest in the transmission of the counter-version; or...(b) the counter-version is not of reasonable length, and in particular, if it is substantially longer than the part of the broadcast which dealt with the false assertion of fact.

(3) The counter version referred to in subsection (1) shall- (a) be limited to a factual account; (b) not contain any Material which may reasonably be anticipated,

to expose the licence holder to legal; action if such material We're to be broadcast;

raised; and (e) be signed by the person affected or, in the case of an organisation,

by the chief executive officer thereof.

Rights and obli- gations of broadcast- ters

Broadcasting Services 1993No. 612

(4) The person or body of persons affected shall not be entitled to insist on the transmission of a counter-version as contemplated in subsec- tion (1) if the counter-version is presented to the licence holder after the expiry of a period of thirty days from the date of broadcast of the false assertion of fact.

(5) The licence holder shall subject to subsection (2) and (4)- (a) at the first opportunity, but not later than ten days from receipt

of a counter-version referred to in subsection (1) broadcast the counter-version within the same programme or programme sec- tion as the one in which the false assertion was made and at the same time of day or, should that not be possible, at time equal in value to that of the programme objected to;

(b) broadcast the counter-version without any omissions and inter- ruptions; and

version referred to in subsection (1) inform the Commission of that fact, and shall keep and store the programme objected to and the counter-ver- sion until he receives a notice to the contrary from the Commission.

(7) This section shall not apply to a broadcast of a public meeting or of the National Assembly.

16.-(l) The Minister may, upon advice by the Commission, by notice published in the Gazette, appoint any person or persons to be an inspector or inspectors for the purposes of this Act.

Power to investi- gate

(2), An inspector or authorized officer of the Commission may carry out An inspection of broadcasting stations and either licences under this Act, plant and apparatus, and premises used by licence holders to trans- mit or broadcast.

PART V ACTIVITIES OF THE COMMISSION AND FINANCIAL PROVISIONS

17. The Commission may after consultation with the MinisterCommis- delegatesion may any of its functions under this Act to any officer or committee delegate its func- Commission. tions

18.-(1) The Commission shall cause to be kept proper accounts and shall, as soon as practicable after the end of each financial year, cause such accounts relating to such financial year together with-

Accounts and audit

(a) a statement of income and expenditure during such financial year; and

(b) a statement of the assets and liabilities of the Commission on the last day of such financial year, to be submitted to and audited by an auditor approved by the Government,

(2) Copies of the statements referred to in subsection (1) and a copy of the auditors' report shall be forwarded to the Minister.

1993Broadcasting Services 13No. 6

19. The Registrar shall, at the end of each financial year, prepare a Regis trar's reportreport on the activities of the Commission during that financial year and

submit such report to the Minister. 20. The funds and resources of the Commission shall consist of- (a) such sums as may be provided for the purposes of the Commission

by parliament, either by way of grant or loans; (b) such sums as the Commission may receive-by way of grant-loan

from any person or organization; (c) such sums as the Commission may, from time to time, with the

consent of the Minister, borrow for the purposes of the Commis- sion;

(d) such sums as the Commission may, in any manner, become pay- able to or vested in the Commission either under the provisions of this Act or any other written law, or incidental to the carrying out of its functions.

21. The Commission may invest its fund in such Investments as are authorized by, and subject to such conditions as are prescribed by the Trustees Investments Act, 1967, in relation to investment of funds by a trustee.

22. The Minister shall cause to be laid before the National Assembly, as soon as may be practicable after he has received them- Annual reportto the

National Assembly

(a) copies of the statements referred to in subsection (1) of section 18 together with a copy of the auditors' report;

(b) a copy of the Registrar's report.

23. The Minister may by writing under his hand, give the Commission directions of a general or specific nature, and the Commission shall

Minister may give directionscomply with every such direction.

PART VI MISCELLANEOUS PROVISIONS

24.-(1) Any person who- offences(a) carries on the business of a broadcaster, or a dealer in broadcast-

ing apparatus without an appropriate licence; (b) contravenes or fails to comply with the conditions of a broadcast-

ing or other licence under this Act; (c) fails or refuses to furnish a return or to supply information in the

manner and in the time prescribed or furnishes a false or in complete return or supplies false or incomplete information; or

(d) on being required to do so, fails or refuses to produce to an inspector or a police officer a licence or a book, record or docu- ment relating to any broadcasting apparatus which is in his pos- session or under his control; or

(e) interferes with or obstructs the transmission or reception of any radio communication,

Funds of Commission

Power to invest

Broadcasting Services 1993,14 No. 6 (f) willfully delays or obstructs an inspector or a police or other au-

thorized officer in the exercise of powers conferred upon him by or under this Act;

(g) fails or refuses to comply with any order or direction lawfully given to him by the Commission;

(h) fails or refuses to comply with the terms and conditions of the licence he holds;

(i) for the purposes of obtaining, whether for himself or another person, the issue of a licence, makes a declaration or statement which he knows to be false in any material particular or does not know or believe to be true, or knowingly makes use of a declara- tion or statement or document containing the same,

is guilty of an offence and shall be liable on conviction to a fine not exceeding 5,000,000/- or to imprisonment for a term not exceeding twenty four months or to both that fine and that imprisonment.

(2) A court convicting a person of an offence under this Act may, in addition to any penalty that it may impose, order the forfeiture to the government of any broadcasting apparatus or other material in relation to in connection with or by means of which the offence was committed.

(3) Notwithstanding subsection (2), no order of forfeiture shall be made if it is proved that the broadcasting apparatus in question is not owned by the person so convicted and if the owner proves that he did not have any knowledge of the unlawful use of the apparatus by the person so convicted and could not have reasonably prevented such use.

25.-(1) The Minister or any person authorised by the Minister may by order under his hand require any licence holder to broadcast forthwith or within or at any time and in any manner specified, any announcement which as its content any matter which the Minister deems to be in the interest of national security or in the public interest.

Provisions in relation to na- tional sec- urity

(2) If the Minister is of opinion that the broadcasting of any matter or matter of any class or character, would be contrary to the national security or public interest he may, by notice in writing delivered at the principal office of the licence holder, prohibit the licence holder from broadcasting such matter or matter of such class or character and the licence holder shall comply with any such notice so delivered.

26.-(l) A licence issued under this Act to any person shall not be transferred to another person, except with the approval of the Commis-

Transfer of licence

sion granted upon an application for such transfer in the prescribed form. (2) Where a company is the holder of a licence under this Act, no

person other than an existing shareholder of that company, shall, except with the prior written approval of the Commission, acquire shares or any other interest in such company which results in such person directly or indirectly acquiring a controlling interest in the company.

27.-(1) The Minister may make regulations prescribing all matters which are by this Act required or permitted to be prescribed, or which are necessary or convenient to be prescribed for the better carrying out or giving effect to the provisions of this Act.

Regula- tions

1993Broadcasting Services 15No. 6

(2) The Minister may by regulations made under subsection (1) and published in the Gazette provide for-

(a) the registration of dealers and the information to be supplied in connection with applications for registration;

(b) the keeping of books, records and documents, the furnishing of returns and the supply of information relating to dealings in receivers.

(c) the prescription of licences to be issued under this Act; (d) the collection of licence fees payable under this Act; (e) the form and manner in which applications for licences are lo be

made and the information to be supplied in connection with it; (f) the circumstances in which and the terms and conditions subject

to which licences shall be issued; (g) the form of licences and the terms and conditions to be contained

in licences; (h) the issue of licences without charge Authorising the, possession

of- (i) broadcasting apparatus; or

(ii) apparatus for carrying on broadcasting services; which are used in such institutions or categories of institution as the Minister may specify;

(i) the circumstances in which and the conditions including the-pay- ment of a fee subject to which copies of licences may be obtained; and in so doing may classify broadcasters, operators of diffusion services, dealers and listeners and otherwise make different pro- visions for different categories of persons;

(j) the prescription of any other matter which is required to be pre- scribed under this Act.

''SCHEDULE -(Section 5(3)

1.-(I) Subject to paragraph 2, the Commission shall consists of- Member- ship

(a) a chairman who shall be appointed by the President; (b) not less than six nor more that eight other members appointed by the Minister. (2) The members of the Board shall elect from amongst their number a person who

shall be Vice-Chairman and shall hold office for so long as lie remains a member of the Commission.

Oualifica-2. (1) A person shall not be eligible for appointment as a member of the Commission if he- tions for

(a) is not a citizen of Tanzania; appint- ment(b) is an undischarged bankrupt;

(c) has previously been convicted of an offence involving moral turpitude or for which he was sentenced to imprisonment for a term of six months or more.

(2) Three of the members shall be appointed from amongst representatives of the fre- quency management office, major users of broadcasting frequencies and technical, scientific and research institutions.

3. (1) A member shall, unless his appointment is sooner determined by the appointing authority, or he otherwise ceases to be a member, hold office for such period as the appointing authority may specify in his appointment.

Tenure of Office

United Republic of Tanzania

TZ020

The Broadcasting Services Act, 1993