ACCESS TO INFORMATION AND PROTECTION OF PRIVACY ACT (as amended January 2008) 68 Exemption from registration63 The following mass media services and activities are exempted from registering in terms of this Act— (a) a mass media service founded by or under an Act of Parliament; (b) a mass media service consisting of the activities of a person holding a licence issued in terms of the Broadcasting Services Act [Chapter 12:06], to the extent that such activities are permitted by such licence; or (c) a representative office of a foreign mass media service permitted to operate in Zimbabwe in terms of section ninety; (d) the production of publications by any enterprise, association, institution or other person that are disseminated exclusively to members or employees of that enterprise, association, institution or other person: Provided that the Commission may require the enterprise, association, institution or other person producing any such publication to register as a mass media service in terms of this Part if— (i) the publication is sold in a public place to members of the public or is otherwise not disseminated exclusively to members or employees of the enterprise, association, institution or other person concerned; or (ii) the number of publications produced significantly exceeds the number of members or employees to whom the publication is intended to be disseminated, or exceeds a prescribed number. 69 Refusal of registration of mass media service (1) 64 The Commission shall not refuse to register a mass media service unless— (a) it fails to comply with section 65; or (b) it has acted in breach of section 66(1); or (c) the information indicated in an application for registration is, in any material respect, false or contains any material misrepresentation; or (d) the mass media service seeks to be registered in the name of an existing registered mass media service; or (e) the mass media service has failed to pay the prescribed registration fee. and the Commission shall forward to the applicant a written notification of the refusal of registration, stating the grounds upon which such refusal is based. (2) An appeal shall lie to the Administrative Court against any decision made or action taken by the Commission in terms of this section. 65 63 Section substituted by s. 11 of Act 5/2003. 64 Subsection substituted by s. 11 of Act 20/2007. 65 Subsection (2) substituted for former subsections (2) and (3) by s. 12 of Act 5/2003. 40