ACCESS TO INFORMATION AND PROTECTION OF PRIVACY ACT (as amended January 2008) 70 Registration fee The registration fee shall be as prescribed by the Minister: Provided that the Minister may prescribe a higher fee for established mass media services specialising in commercial mass media services and advertising and a lower fee for a mass media 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 receipt 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, after due inquiry, it finds that— (a) the registration certificate was issued through fraud or there was a fraudulent misrepresentation by the mass media owner concerned; or (b) the registration certificate was issued through a material misrepresentation and the Commission has obtained a court order confirming the suspension or cancellation of the registration certificate of a mass mode service; or (c) a mass media service concerned does not publish any mass media products within twenty-four months from the date of registration; or (d) the mass media service concerned has been convicted of a repeated contravention of section 76, 77, 78(2) or 89.66 (2) The Commission shall not refund the registration fee if a certificate of registration is cancelled in terms of subsection (1). (3)67 A mass media service whose certificate of registration is cancelled in terms of subsection (1)(a), (b) or (d) 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⎯ 66 Subsection substituted by s. 12 of Act 20/2007.. 67 Subsection substituted by s. 12 of Act 20/2007. 41

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