ACCESS TO INFORMATION AND PROTECTION OF PRIVACY ACT (SHOWING AMENDMENTS MADE BY ACT 5/2003) 64 Abuse of freedom of expression39 A person registered in terms of this Part who makes use, by any means, of a mass media service for the purposes of publishing— (a) information which he or she intentionally or recklessly falsified in a manner which— (i) threatens the interests of defence, public safety, public order, the economic interests of the State, public morality or public health; or (ii) is injurious to the reputation, rights and freedoms of other persons; or (b) information which he or she maliciously or fraudulently fabricated; or (c) any statement— (i) threatening the interests of defence, public safety, public order, the economic interests of the State, public morality or public health; or (ii) injurious to the reputation, rights and freedoms of other persons; in the following circumstances— A. knowing the statement to be false or without having reasonable grounds for believing it to be true; and B. recklessly, or with malicious or fraudulent intent, representing the statement as a true statement; shall be guilty of an offence and liable to a fine not exceeding level fourteen or to imprisonment for a period not exceeding three years. 65 Restriction on ownership of mass media service (1) The following persons and bodies may not be mass media owners— (a) any individual who is not a citizen of Zimbabwe or any body corporate in which a controlling interest is not held, directly or indirectly, whether through any individual, company or association or otherwise, by one or more individuals who are citizens of Zimbabwe; (b) an association of persons or an organisation whose activity is banned or prohibited by law; or (c) any person who is insolvent or bankrupt under a law in force in Zimbabwe or any other country, and has not been rehabilitated or discharged. (2) No person other than— (a) a citizen of Zimbabwe or person who is regarded as permanently resident in Zimbabwe by virtue of the Immigration Act [Chapter 4:02]; or (b) a body corporate in which a controlling interest is not held, directly or indirectly, whether through any individual, company or association or otherwise, by one or more individuals who are citizens of Zimbabwe or are regarded as permanently resident in Zimbabwe by virtue of the Immigration Act [Chapter 4:02]; may hold or acquire any shares in a mass media service. 39 Section substituted by s. 9 of Act 5/2003. 30