ACCESS TO INFORMATION AND PROTECTION OF PRIVACY ACT (as amended January 2008) (i) requiring the journalist or mass media service to publish or broadcast an apology and additionally, or alternatively, a correction or retraction of an earlier publication or broadcast, within such period and in such form and manner as the Council may recommend to the Commission; or (ii) requiring the journalist or mass media service to afford the complainant an adequate opportunity to respond to the injurious allegation in such form and manner as the Council may recommend to the Commission; or (iii) requiring the journalist or mass media service to desist from any conduct that might result in a repetition of the injurious allegation. (2) Upon considering a recommendation made in terms of subsection (1) the Commission may adopt, with or without modification, or refuse to adopt the recommendation and notify the journalist or mass media service accordingly, and, where it adopts, with or without modification, any recommendation, it shall furnish the reasons therefor in writing to the journalist or mass media service. (3) If at any time the Commission is satisfied that a journalist or mass media service has not complied with any conditions imposed upon him or her in terms of subsection (1)(a)(iv), (b)(iv) or (c)(iv) the Commission, after giving reasonable notice to the journalist or mass media service, may proceed further to do one or more of the things specified in subsection (1). (4) The amount of any penalty imposed in terms of subsection (1)(c)(i) shall form part of the funds of the Commission. (5) After any inquiry in terms of this Part the Commission shall, where it finds that a journalist or mass media service has committed a breach of the code, order the journalist or mass media service concerned to pay the expenses of the Council and Commission incurred in connection with the inquiry, or any part of these expenses as it thinks fit. (6) A person authorized by the Commission may, by action in any court of competent jurisdiction, recover from the person concerned any expenses he has been ordered to pay in terms of subsection (5). (7) The Commission shall inform the Council of any action taken by it in terms of this section. 42E Appeals from decisions of Commission (1) Any person who is aggrieved at the order or findings of, or penalty imposed by, the Commission in terms of this Part may appeal to the Administrative Court, and the relevant provisions of section 90A shall, subject to this section, apply to such appeal. (2) The Administrative Court shall not set aside any findings or penalty by reason of any informality in the proceedings of the Council or Commission which did not prejudice the appellant in answering the charge or in the conduct of his or her defence. (3) The noting of an appeal in terms of this section shall not, pending the determination of the appeal, suspend the decision appealed against unless the Commission, on application being made to it, directs otherwise, and for such purposes the Commission may give such directions as it thinks fit. 30