(4) The proviso to subsection (1) and subsections (3), (4), (5) and (6) of section 62 of the Criminal Procedure
and Evidence Act [Chapter 9:07] shall apply, mutatis mutandis, in relation to a declaration made in terms of subsection (3).
73 …
[Section repealed by section 13 of Act 5 of 2003]
74 News agencies
(1) Subject to this Act, no person shall carry on or operate a news agency without a valid registration certificate issued in terms of this Part.
(2) The Commission shall not refuse to register a news agency unless—
(a) the information indicated in the application for registration is, in any material respect false, or contains
any material misrepresentation; or
(b) that news agency seeks to be registered in the name of an existing registered news agency or registered
mass media service;
and the Commission shall forward a written notification to the applicant of the refusal of registration, stating the
grounds upon which such refusal is based.
[Subsection substituted by section 14 of Act 20 of 2007]
(3) A person who contravenes subsection (1) shall be guilty of an offence and liable, upon conviction, to a
fine not exceeding level twelve or to imprisonment for a period not exceeding two years or to both such fine and
such imprisonment.
[Subsection amended by section 14 of Act 5 of 2003]
(4) 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 equipment or apparatus used for the purpose of or in connection with the offence.
(5) The proviso to subsection (1) and subsections (3), (4), (5) and (6) of section 62 of the Criminal Procedure
and Evidence Act [Chapter 9:07] shall apply, mutatis mutandis, in relation to a declaration in terms of subsection
(3).
(6) Any messages or materials belonging to a news agency and distributed by another mass media service
shall state the name of the news agency.
(7) A registration certificate issued in terms of subsection (1) shall be valid for three years.
[Subsection inserted by section 14 of Act 5 of 2003 and amended by section 14 of Act 20 of 2007]
(8) A registered news agency may, in the form and manner and subject to payment of the fee prescribed, apply to the Commission for the renewal of its registration upon the same terms and conditions that applied when it
was originally registered:
Provided that if there are any material changes in the particulars furnished in connection with the original application for registration, the news agency concerned shall make a new application for registration in terms of subsection (1).
[Subsection inserted by section 14 of Act 5 of 2003]
(9) Sections 70 and 71 shall apply with such changes as may be necessary to a news agency.
[Subsection inserted by section 14 of Act 20 of 2007]
75 Publisher's imprint
Every issue of a periodically printed publication or electronic programme shall contain a publisher’s imprint
as prescribed.
76 Deposit copies
The mass media service shall send free deposit copies of a periodical to the Commission and the National Archives.
77 Obligatory reports
A mass media service shall, if ordered to do so by the Commission, publish, free of charge the full particulars
or a summary approved by the Commission of a decision of a court or the Commission pertaining to its mass media service—
(a) on the front page or centrespread, if it is a newspaper; or
(b) if it is an electronic mass media service, on three consecutive occasions during prime time;
or in such other manner as the Commission may prescribe.
[Section substituted by section 15 of Act 5 of 2003]
PART XII
JOURNALISTS
78 Privileges of accredited journalists
(1) Subject to this Act and any other law, every accredited journalist shall have the following privileges—