(2) The Commission shall not refund the registration fee if a certificate of registration is cancelled in terms of
subsection (1).
(3) 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 exp iry of a period of one year.
[Subsection substituted by section 12 of Act 20 of 2007]
(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
(a) requiring the mass media owner to do, or not to do, such things as are specified in the order for the purpose rectifying or avoiding any contravention or threatened contravention of this Act; and
(b) stipulating the period within which any requirement referred to in paragraph (a) shall be commenced
and completed.
(7) Before serving an order in terms of subsection (6), the Commission shall serve a notice upon the mass
media owner concerned
(a) specifying the grounds upon which the order is to be issued and what the Commission considers is required for the purpose of rectifying or avoiding any contravention or threatened contravention of this
Act; and
(b) stipulating the maximum period that the Commission considers reasonable for the implementation of
any requirement it proposes to order; and
(c) calling upon the mass media owner, if he wishes to make representations, to make them to the Commission within such period from the date of service of the notice as it shall specify.
(8) After considering any representations made in terms of paragraph (c) of subsection (7), the Commission
may serve, or refrain from or defer serving, an order in terms of subsection (6), or serve an order on different
terms.
(9) An order served in terms of subsection (6) may specify a penalty for each day that the mass media service
subjected to the order is in default of compliance with the order, not exceeding the period and amount prescribed.
(10) The amount of any penalty imposed in terms of subsection (9) shall form part of the funds of the Commission.
(11) Any mass media service aggrieved by any decision or order of the Commission made in terms of this
section may, within twenty-one days after being notified of the decision or order of the Commission concerned,
appeal to the Administrative Court in terms of section 90A.
[Subsection substituted by section 12 of Act 20 of 2007]
(12)
(13)
(14)
(15)
…..
…..
…..
…..
[Subsections 12 – 15 repealed by section 12 of Act 20 of 2007]
72 Penalties for operating mass media service without registration certificate
(1) No person shall carry on or operate a mass media service without a valid registration certificate, licence
or permit issued in terms of this Act or any other law.
(2) A person who contravenes subsection (1) shall be guilty of an offence and liable, upon conviction, to a
fine not exceeding level fourteen or to imprisonment for a period not exceeding eighteen months or to both such
fine and such imprisonment.
[Subsection amended by section 25 of Act 5 of 2003 and section 13 of Act 20 of 2007]
(3) In addition to any fine imposed in terms of subsection (2) and without derogation from any of its powers
granted under any enactment a court convicting a person of contravening subsection (1) may declare forfeited to
the State any product, equipment or apparatus used for the purpose of or in connection with the offence.