(i) requiring the journalist or mass media service to publish or broadcast an apology and additionally, or alternatively, a correction or retraction of an earlier publication or broadcast, within such
period and in such form and manner as the Council may recommend to the Commission; or
(ii) requiring the journalist or mass media service to afford the complainant an adequate opportunity
to respond to the injurious allegation in such form and manner as the Council may recommend
to the Commission; or
(iii) requiring the journalist or mass media service to desist from any conduct that might result in a
repetition of the injurious allegation;
(2) Upon considering a recommendation made in terms of subsection (1) the Commission may adopt, with or
without modification, or refuse to adopt the recommendation and notify the journalist or mass media service accordingly, and, where it adopts, with or without modification, any recommendation, it shall furnish the reasons
therefor in writing to the journalist or mass media service.
(3) If at any time the Commission is satisfied that a journalist or mass media service has not complied with
any conditions imposed upon him or her in terms of subsection (1)(a)(iv), (b)(iv) or (c)(iv) the Commission, after
giving reasonable notice to the journalist or mass media service, may proceed further to do one or more of the
things specified in subsection (1).
(4) The amount of any penalty imposed in terms of subsection (1) shall form part of the funds of the Commission.
(5) After any inquiry in terms of this Part the Commission shall, where it finds that a journalist or mass media service has committed a breach of the code, order the journalist or mass media service concerned to pay the
expenses of the Council and Commission incurred in connection with the inquiry, or any part of these expenses as
it thinks fit.
(6) A person authorised by the Commission may, by action in any court of competent jurisdiction, recover
from the person concerned any expenses he or she has been ordered to pay in terms of subsection (5).
(7) The Commission shall inform the Council of any action taken by it in terms of this section.
[Section inserted by section 4 of Act 20 of 2007]
42E Appeals from decisions of Commission
(1) Any person who is aggrieved at the order or findings of, or penalty imposed by, the Commission in terms
of this Part may appeal to the Administrative Court, and the relevant provisions of section 90A shall, subject to
this section, apply to such appeal.
(2) The Administrative Court shall not set aside any findings or penalty by reason of any informality in the
proceedings of the Council or Commission which did not prejudice the appellant in answering the charge or in the
conduct of his or her defence.
(3) The noting of an appeal in terms of this section shall not, pending the determination of the appeal, suspend the decision appealed against unless the Commission, on application being made to it, directs otherwise, and
for such purposes the Commission may give such directions as it thinks fit.
[Section inserted by section 4 of Act 20 of 2007]
42F Enforcement of orders of Commission
(1) Subject to this section, on application by the Commission or an interested party, any decision made by the
Commission in terms of section 42D may be registered in the High Court and, upon registration, may be enforced
in the same way as a judgment of the High Court.
(2) Part II of the Civil Matters (Mutual Assistance) Act [Chapter 8:02] and any relevant rules of court shall
apply to the registration and enforcement of an order in terms of subsection (1) as if—
(a) the order were a judgment in a designated country as defined in section 2 of the Act; and
(b) the Commission or the interested party making the application were a judgment creditor as defined in
section 4 of that Act; and
(c) the responsible party in respect of whom the order was made were a judgment debtor.
(3) An order may be registered and enforced in terms of subsection (1) even if a prosecution been instituted
in respect of any contravention or failure to comply with the order.
[Section inserted by section 4 of Act 20 of 2007]
42G Penalty for contravention of decisions or orders of Commission
Any person who without lawful excuse contravenes or fails to comply with any decision or order of the
Commission made in terms of this Part shall be guilt of an offence and liable to a fine not exceeding level seven or
to imprisonment for a period not exceeding six months or to both such fine and such imprisonment.
[Section inserted by section 4 of Act 20 of 2007]
42H Council to keep records
(1) The Council shall cause minutes of all proceedings of and decisions taken at every meeting of the Council
to be entered in books kept for the purpose.