ACCESS TO INFORMATION AND PROTECTION OF PRIVACY ACT (as amended January 2008) (d) shares entitling the holder or holders thereof to a majority or preponderance of votes in the affairs of the company; “Council”8 means the Media Council constituted in terms of section 42A; “dissemination”, in relation to any mass media product, includes the sale, subscription, delivery, diffusion or distribution of periodically printed publications, audio-recorded programmes, electronically distributed information or teletext programmes; 9 “excluded information” means records excluded from the application of this Act in terms of section four; “Fund” means the Media and Information Fund established by section forty-three; “head”, in relation to a public body, means— (a) the person designated as the head of a public body in the second column of the Second Schedule; or (b) any other person whom the Minister may, from time to time, designate as the head of a public body for the purposes of this Act; “injurious allegation”10 means an allegation which⎯ (a) is false; or (b) unlawfully infringes a person’s dignity, reputation or privacy; “journalist” means a person who gathers, collects, edits or prepares news, stories, materials and information for a mass media service, whether as an employee of the service or as a freelancer; 11 “journalistic privilege”12 means the rights and privileges attaching to the profession of journalism, including, but not limited to, the privileges of an accredited journalist referred to in section 78; “judicial administration record” means a record containing information relating to a presiding officer or a justice of the peace, including— (a) scheduling of presiding officers and trials; (b) the content of judicial training programmes; (c) statistics of judicial activity prepared by or for a judge; “law enforcement” includes— (a) policing, including criminal intelligence operations; or (b) investigations that lead to a penalty or sanction being imposed; or (c) proceedings that result in a penalty or sanction being imposed; or 8 Definition inserted by s. 2 of Act 20/2007. 9 Definition inserted by s. 2 of Act 5/2003. 10 Definition inserted by s. 2 of Act 20/2007. 11 Definition inserted by s. 2 of Act 5/2003. 12 Definition inserted by s. 2 of Act 20/2007. 7