ACCESS TO INFORMATION AND PROTECTION OF PRIVACY ACT (as amended January 2008) 42B Code of conduct and ethics of journalists and mass media services and resolution of breaches thereof (1) The Commission shall, in consultation with the Council, develop a code of conduct and ethics governing the rules of conduct to be observed by journalists and mass media services, including in particular provisions with respect to the prevention or remediation of the publication or broadcasting of injurious allegations, and the penalties to be imposed on any journalist or mass media service for breaches of the code. (2) The Commission together with the Council shall be responsible for enforcing the code of conduct and ethics referred to in subsection (1) in accordance with this Part. (3) Subject to this section, any person who— (a) is aggrieved by an injurious allegation published or broadcast in a mass media product; or (b) considers that a mass media owner or journalist has contravened any provision of— (i) this Act or any other enactment which requires or prohibits the publication or broadcasting of any matter or thing, whether in relation to elections or otherwise; or (ii) the code or any other applicable code of conduct; may lodge a complaint about it with the Commission. (4) Whenever the Commission has reasonable grounds for believing that any journalist or mass media service has committed a breach of the code, or there is brought to the notice of the Commission a complaint that any journalist or mass media service has committed such a breach, the Commission shall have the power to call for such information and to cause such investigation to be made as it thinks necessary. (5) After investigation in terms of subsection (4) and allowing the journalist or mass media service concerned to make written representations, the Commission shall refer the matter to the Council for inquiry and may appoint a registered legal practitioner to present a charge on the evidence relating thereto at the inquiry: Provided that— (i) if the Commission considers that— (a) the conduct complained of would not, even if substantiated, constitute a breach of the code; or (b) for any other reason the allegation should not be the subject of inquiry by the Council; the Commission shall take such other action as it considers appropriate and may, after first allowing the person concerned to make written representations, admonish and order him or her to pay a penalty not exceeding level seven which shall be payable to the Commission; (ii) if the complaint forms or is likely to form the subject of criminal proceedings in a court of law, the Commission may postpone referring the matter to the Council until such criminal proceedings have been terminated. (6) The journalist or mass media service who or which is the subject of any inquiry before the Council may— 27