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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