Internet broadcasting: The need for regulation in Zambia

Abstract

Over the years, there has been convergence of Information and Commuication Technologies (ICT's). Convergence is the ability to provide a range of broadcasting and telecommunications services over a single network. Convergence has effects at various interrelated levels. At one level, regulated sectors in broadcasting such as radio services can now be offered on computer networks. On another level, broadcasting and telecommunications services can potentially be made available over one platform, as boundaries have been blurred and redefined. Zambia, being part of a global village like any other African country, has also experienced these effects. This research endevoured to; a) Determine whether the current broadcasting regulatory framework provides for the regulation of internet broadcasting; b) Examine whether the existing regulatory framework is ideal for the regulation of internet broadcasting in view of the convergence; c) Identify lacunas in the current regulatory framework in view of the need to regulate internet broadcasting; d) Make necessary recommendations in view of the identified lacunas in the current regulatory framework. It was found that currently, the regulatory framework for broadcasting does not cater for the regulation of internet broadcasting as there are no provisions related to internet broadcasting. Consequently, the current licencing format equally does not cater for internet broadcasting. On this basis it has been recommended that provisions be made in relevant sections to include internet broadcasting. There is also a need to re-format licences for broadcasting by establishing licence formats that allow operators to utilize various channels. It was also found that the country is still using the unconverged model for regulating broadcasting and telecommunication. It is however recommended that since the country has not yet tested the uncharted waters of regulation by an independent authority, since the Independent Broadcasting Authority is not yet operational, the current status quo should be maintained. This is also based on the premise that the distinctive regulatory aspects of broadcasting require a distinctive regulatory agency for broadcasting even in a technologically-converging digital environment.