(ii) injurious to the reputation, rights and freedoms of other persons;
in the following circumstances—
A. knowing the statement to be false or without having reasonable grounds for believing it to
the true; and
B. recklessly, or with malicious or fraudulent intent, representing the statement as a true
statement;
shall be guilty of an offence and liable to a fine not exceeding level seven or to imprisonment for a period not exceeding two years.
[Section substituted by section 18 of Act 5 of 2003]
(2) The conviction of a journalist in terms of subsection (1) shall be deemed to be a breach of the code for
which the Council may recommend to the Commission the imposition of any of the penalties referred to in section
42D.
[Subsection inserted by section 16 of Act 20 of 2007]
81
…
[Section repealed by section 19 of Act 5 of 2003]
82 Roll of accredited journalists
The Commission shall maintain a roll of all accredited journalists and shall issue to every person whose name
is entered in the roll, a certificate of accreditation in the prescribed form.
[Section substituted by section 17 of Act 20 of 2007]
83 ….
[Section repealed by section 18 of Act 20 of 2007]
84 Evidence and duration of accreditation of journalists
(1) A press card shall constitute evidence that the holder thereof is accredited as a journa list, and shall be
valid for a period or any part of a period of twelve months ending on the 31st December each year.
(2) The holder of a press card may, in the form and manner and accompanied by the fee, if any, prescribed,
make an application to the Commission for its renewal upon the same terms and conditions that applied when the
initial press card was issued:
Provided that if there are any material changes in the particulars furnished in connection with the original application for accreditation, the holder of a press card concerned shall make a new application for accreditation in
terms of section seventy-nine.
85 ….
[Section repealed by section 19 of Act 20 of 2007]
86 Correction of untruthful information
(1) A person or his legal representative shall have the right, at no cost, to demand from a mass media service
correction of untruthful information that denigrates his honour and dignity and that was published by that mass
media service.
[Subsection amended by section 25 of Act 5 of 2003]
(2) A mass media owner shall be obliged to publish a correction in the next issue after the date of receipt of
the demand for a correction of its text.
(3) If a person has submitted a text of the correction, the text shall be disseminated as long as it does not contravene a provision of this Act.
(4) A person aggrieved by a decision of a mass media owner to refuse to publish a corre ction may appeal to
the Commission.
87 Manner in which correction is to be made
(1) A correction shall indicate the information published by the given mass media service that was not truthful, and when it was published by that mass media service.
[Subsection amended by section 20 of Act 5 of 2003]
(2) A correction shall be published in the same manner as the refuted report or material was published and
shall be set up with the same type and featured under the heading “Correction”.
(3) A person aggrieved by the manner in which a correction in terms of this section is made or published may
appeal in the time and manner prescribed to the Commission.
[Subsection inserted by section 20 of Act 5 of 2003]
88 Grounds for the refusal of correction
(1) A correction may be refused if the demand or the submitted text of correction—
(a) represents an abuse of the freedom of expression as set out in section sixty-four;
(b) contradicts a decision of a court;
(c) is anonymous;
(d) was received by the mass media service after the expiration of one year since the day of the publication
of the information to be corrected by the mass media service.