(3) If any association referred to in subsection (1) for any reason fails or refuses to submit nominations as required by any paragraph of that subsection, the Commission shall appoint such person or persons in terms of the
appropriate paragraph of that subsection whom it considers fit.
(4) If at any time a member of the Council is unable for any reason to act as such, he or she shall be replaced
in accordance with the appropriate provision of subsection (1) (a) to (j):
Provided that before the replacement of any member in terms of this subsection, any decision made or action
taken by the chairperson of the Council and three other members of the Council shall be valid.
(5) The procedure to be followed by the Council shall be as prescribed in regulations.
[Section inserted by section 4 of Act 20 of 2007]
42B Code of conduct and ethics of journalists and mass media services and resolution of
breaches thereof
(1) The Commission shall, in consultation with the Council, develop a code of conduct and ethics governing
the rules of conduct to be observed by journalists and mass media services, including in particular provision s with
respect to the prevention or remediation of the publication or broadcasting of injurious allegations, and the penalties to be imposed on any journalist or mass media service for breaches of the code.
(2) The Commission together with the Council shall be responsible for enforcing the code of conduct and
ethics referred to in subsection (1) in accordance with this Part.
(3) Subject to this section, any person who—
(a) is aggrieved by an injurious allegation published or broadcast in a mass media product; or
(b) considers that a mass media owner or journalist has contravened any provision of—
(i) this Act or any other enactment which requires or prohibits the publication or broadcasting of
any matter or thing, whether in relation to elections or otherwise; or
(ii) the code or any other applicable code of conduct;
may lodge a complaint about it with the Commission.
(4) Whenever the Commission has reasonable grounds for believing that any journalist or mass media service
has committed a breach of the code, or there is brought to the notice of the Commission a complaint that any journalist or mass media service has committed such a breach, the Commission shall have the power to call for such
information and to cause such investigation to be made as it thinks necessary.
(5) After investigation in terms of subsection (4) and allowing the journalist or mass media service concerned
to make written representations the Commission shall refer the matter to the Council for inquiry and may appoint
a registered legal practitioner to present a charge on the evidence relating thereto at the inquiry:
Provided that—
(i) if the Commission considers that—
(a) the conduct complained of would not, even if substantiated, constitute a breach of the code; or
(b) for any other reason the allegation should not be the subject of inquiry by the Council;
the Commission shall take such other action as it considers appropriate and may, after first allowing the
person concerned to make written representations, admonish him or her and order him or her to pay a
penalty not exceeding level seven which shall be payable to the Commission;
(ii) if the complaint forms or is likely to form the subject of criminal proceedings in a court of law, the
Commission may postpone referring the matter to the Council until such criminal proceedings have been
terminated.
(6) The journalist or mass media service who or which is the subject of any inquiry before the Council
may—
(a) appear in person or be represented by—
(i) a registered legal practitioner; or
(ii) in the case of a mass media service, any person appointed in writing by such service; or
(b) make written representations to the Council.
[Section inserted by section 4 of Act 20 of 2007]
42C Taking of evidence by Council
(1) For the purposes of an inquiry in terms of this Part, the Council may take evidence and may—
(a) summon any person as a witness and, where it thinks fit, require him or her to produce any book, record,
document or thing; and
(b) through the chairperson administer an oath to any person; and
(c) examine any book, record, document or thing which has been produced before it.
(2) A person who gives evidence as a witness before the Council shall be entitled to all the privileges to
which a witness or a journalist who is a witness is entitled to at law.
(3) Any person who—
(a) has been summoned to attend before the Council and—