(2) …
[Subsection repealed by section 25 of Act 5 of 2003]
89 Right of reply
(1) A person or organisation in respect of whom a mass media service has published information that is not
truthful or impinges on his rights or lawful interests shall have a right of reply in the same mass media service at
no cost to him, and the reply shall be given the same prominence as the as that accorded to the offending information.
[Subsection amended by section 21 of Act 5 of 2003]
(2) The reply shall be published in the earliest possible issue of the publication in which the offending information appeared after the request for the reply is received.
[Subsection substituted by section 21 of Act 5 of 2003]
90 Representative offices of foreign mass media services
(1) A representative office of a foreign mass media service shall not be set up or operated in Zimbabwe e xcept with the permission of the Commission.
[Subsection amended by section 22 of Act 5 of 2003]
(2) Application for permission in terms of subsection (1) shall be made in the form and manner prescribed.
(3) The permission to set up or operate a representative office of a foreign mass media se rvice shall be valid
for twelve months.
[Subsection inserted by section 22 of Act 5 of 2003]
(4) A foreign mass media service may, in the form and manner and subject to payment of the fee prescribed,
apply to the Commission for the renewal of permission to operate a representative office upon the same terms and
conditions that applied when it originally applied for permission:
Provided that if there are any material changes in the particulars furnished in connection with the original application for permission, the foreign mass media service concerned shall make a new application for permission in
terms of subsection (1).
[Subsection inserted by section 22 of Act 5 of 2003]
PART XIII
GENERAL P ROVISIONS
90A Appeals to Administrative Court
(1) Any appeal to the Administrative Court shall be made in the form and manner prescribed and within the
period prescribed in the rules of court.
(2) For the purpose of determining an appeal in terms of subsection (1) the President of the Administrative
Court shall be assisted by two assessors.
(3) On an appeal in terms of subsection (1), the Administrative Court may, subject to subsection (4), confirm,
vary or set aside the order, determination or decision appealed against and may make such order, whether as to
costs or otherwise, as it thinks just.
(4) Where the Administrative Court has upheld an appeal against a refusal by the Commission to register a
mass media service in terms of section 69 or a news agency in terms of section 74 or to give permission for the
setting up within Zimbabwe of a representative office of a foreign mass media service in terms of section 90, the
Commission shall register the mass media service or news agency or permit the setting up within Zimbabwe of a
representative office of the foreign media service.
[Subsection substituted by section 20 of Act 20 of 2007]
90B Offences and penalties
(1) Any person who wilfully—
(a) makes a false statement to, or misleads or attempts to mislead the Commission or any other person in the
performance of their duties, powers or functions in terms of this Act; or
(b) obstructs the Commission or any other person in the performance of their duties, powers or functions in
terms of this Act; or
(c) fails to comply with an order made by the Commission;
shall be guilty of an offence and liable to a fine not exceeding level seven or to imprisonment for a period not e xceeding two years or to both such fine and such imprisonment.
(2) Any person who wilfully contravenes section sixty-five, seventy-five, seventy-six, seventy-seven or eightynine shall be guilty of an offence and liable to a fine not exceeding level five or to imprisonment for a period not
exceeding six months or to both such fine and such imprisonment.
[Section inserted by section 23 of Act 5 2003]
91 Regulatory powers of Commission
[Heading amended by section 21 of Act 20 of 2007]