ACCESS TO INFORMATION AND PROTECTION OF PRIVACY ACT
(SHOWING AMENDMENTS MADE BY ACT 5/2003)
dia service specialising in producing materials intended for children, adolescents and disabled
persons and used for educational, philanthropic and social purposes.
71 Suspension, cancellation and enforcement of registration certificates
(1) Subject to this section, the Commission may, whether on its own initiative or upon the
investigation of a complaint made by any interested person against the mass media service, suspend or cancel the registration certificate of a mass media service if it has reasonable grounds
for believing that⎯
(a) the registration certificate was issued in error or through fraud or there has been a misrepresentation or non-disclosure of a material fact by the mass media owner concerned; or
(b) a mass media service concerned does not publish or go on air within twelve months
from the date of registration; or
(c) the mass media service concerned has contravened section sixty-five, seventy-five, seventy-six, seventy-seven or eighty-nine of this Act.44
(2) The Commission shall not refund the registration fee if a certificate of registration is
cancelled in terms of subsection (1).
(3) A mass media service whose certificate of registration is cancelled in terms of this section by reason of fraud, misrepresentation or non-disclosure of a material fact or contravention
of sections sixty-five, seventy-five and eighty-nine shall cease to operate forthwith and may not
reapply for registration until after the expiry of a period of one year.
(4) Before taking any action in terms of subsection (1), the Commission shall notify the
mass media service in writing of its intention to suspend or cancel the registration certificate of
the mass media service and the reasons for doing so, and shall call upon the mass media service
to show cause, within such reasonable period as may be specified in the notice, why the registration certificate should not be suspended or cancelled, as the case may be.
(5) If, at the expiry of the period specified in the notice given in terms of subsection (4),
and after considering any representations made by the mass media service, the Commission is
satisfied for any reason specified in subsection (1) that the registration certificate concerned
should be suspended or cancelled, the Commission may, by notice in writing to the mass media
service, suspend or cancel the registration certificate or take such other action as it considers
appropriate.
(6) Without derogation from its powers in terms of subsection (1), where the Commission
is satisfied that a mass media service is contravening, has contravened or is likely to contravene
any of the provisions of this Act, the Commission may serve upon the mass media service an
order⎯
(a) requiring the mass media owner to do, or not to do, such things as are specified in the
order for the purpose rectifying or avoiding any contravention or threatened contravention of this Act; and
(b) stipulating the period within which any requirement referred to in paragraph (a) shall
be commenced and completed.
44
Paragraph amended by s. 25 of as read with Schedule to Act 5/2003.
33
Select target paragraph3
Add to table of contents