ACCESS TO INFORMATION AND PROTECTION OF PRIVACY ACT
(SHOWING AMENDMENTS MADE BY ACT 5/2003)
(2) The Commission shall be responsible for enforcing the code of conduct referred to in
subsection (1) and shall, for that purpose, have the following powers in relation to any journalist
who contravenes the code or any provision of this Act—
(a) deleting his name from the roll of journalists; or
(b) ordering his suspension for a specified period; or
(c) imposing such conditions as it deems fit subject to which he shall be allowed to practice; or
(d) ordering him to pay a penalty not exceeding fifty thousand dollars; or
(e) cautioning him; or
(f) referring the matter for prosecution.
(3) Before exercising any power in terms of subsection (2), the Commission shall notify the
journalist in writing of its proposed action and the reasons for it, and shall call upon the journalist to show cause, within such reasonable period as shall be specified in the notice, why the proposed action should not be taken.
(4) At the expiry of the period specified in the notice given in terms of subsection (3), and
after considering any representations made by the journalist and affording the journalist a fair
hearing, the Commission may, by notice in writing to the journalist, take such action as it considers appropriate.
(5) The amount of any penalty imposed in terms of paragraph (d) of subsection (2) shall
form part of the funds of the Commission.
(6) An appeal shall lie to the Administrative Court against any decision made or action taken by the Commission in terms of this section.
(7) …60
86 Correction of untruthful information
(1) A person or his legal representative shall have the right, at no cost, to demand from a
mass media service correction of untruthful information that denigrates his honour and dignity
and that was published by that mass media service.61
(2) A mass media owner shall be obliged to publish a correction in the next issue after the
date of receipt of the demand for a correction of its text.
(3) If a person has submitted a text of the correction, the text shall be disseminated as long
as it does not contravene a provision of this Act.
(4) A person aggrieved by a decision of a mass media owner to refuse to publish a correction may appeal to the Commission.
87 Manner in which correction is to be made
(1) A correction shall indicate the information published by the given mass media service
that was not truthful, and when it was published by that mass media service. 62
60
Subsection repealed by s. 25 of as read with Schedule to Act 5/2003.
61
Subsection amended by s. 25 of as read with Schedule to Act 5/2003.
62
Subsection amended by s. 20 of Act 5/2003.
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