ACCESS TO INFORMATION AND PROTECTION OF PRIVACY ACT (as amended January 2008) 42D Powers of Council (1) If after due inquiry the Council decides that journalist or mass media service has committed a breach of the code, the Council shall make a recommendation to the Commission to do one or more of the following, as may be provided for under the code— (a) in the case of an accredited journalist— (i) cautioning the journalist; or (ii) ordering him or her to pay a monetary penalty of a prescribed amount; or (iii) suspending for a specified period not exceeding three months the accreditation of the journalist; or (iv) imposing such conditions as it deems fit subject to which he or she shall be allowed to practise; or (v) deleting his or her name from the roll of journalists; or (vi) where an injurious allegation was made or broadcast by the journalist, ordering any of the things referred to in paragraph (d); (vii) referring the matter to prosecution; (b) in the case of any journalist who is not accredited— (i) cautioning the journalist; or (ii) ordering him or her to pay a monetary penalty of a prescribed amount; or (iii) suspending the journalist from practising as such for a specified period not exceeding three months; or (iv) imposing such conditions as it deems fit subject to which he or she shall be allowed to practise as a journalist; or (v) where an injurious allegation was made or broadcast by the journalist, ordering any of the things referred to in paragraph (d); (vi) referring the matter to prosecution; (c) in the case of a mass media service— (i) cautioning the mass media service; or (ii) ordering it to pay a monetary penalty of a prescribed amount; or (iii) suspending for a specified period not exceeding three months the registration certificate of the mass media service; or (iv) imposing such conditions as it deems fit on the breach of which the mass media service may become liable for any other penalty in terms of this paragraph; or (v) which has breached the code more than once, cancelling the registration certificate of a mass media service; or (vi) where an injurious allegation was made or broadcast by the mass media service, ordering any of the things referred to in paragraph (d); (vii) referring the matter to prosecution; (d) where the Council finds that an injurious allegation was made or broadcast by any journalist or mass media service— 29

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