The Freedom of Information Bill, 2012 (2) Subsection (1) applies to the public authority and to any person who is employed by, is an officer of, or is subject to the direction of, the public authority. (3) A person convicted of an offence under this section shall be liable to a fine not exceeding five hundred thousand shillings or to imprisonment for a term not exceeding two years, or both. Defamatory matter in information released. 51. Where any information provided by a public authority to an applicant under section 29 was supplied to the public authority by a third person, the publication to the applicant of any defamatory matter contained in the information shall be privileged unless the publication is shown to have been made with malice. Regulations. 52. (1) The Minister may, by regulations, and upon consultations with the Commission, prescribe anything which may be prescribed under this Act including – (a) the designation of any private body or authority or class of bodies or authorities, to be a public authority or public authorities for the purposes of this Act; (b) the manner in which applications under this Act are to be made; (c) the form in which information requested under this Act is to be supplied; (d) the making of applications for personal information by representatives of the individual to whom the information relates; (e) the measures which public authorities shall take in order to assist persons in exercising their rights under this Act; (f) the measures which public authorities shall take to ensure that adequate records are created and maintained by public authorities; (g) the procedures that should be followed by a complainant in asking authority to review any decision or failure to act before a complaint may be made to the Commission; (h) a public authority to consult with a third party before giving access to information obtained by it from that party; 43

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