PART I P RELIMINARY 1 2 Short title This Act may be cited as the Access to Information and Protection of Privacy Act [Chapter 10:27]. Interpretation (1) In this Act— “accredited” means accredited in terms of section 79; [Definition inserted by section 2 of Act 20 of 2007] “applicant” means a person requesting access in terms of section six to a record or information held by a public body; “code” means the code of conduct and ethics for journalists and mass media services developed in terms of section 42B(1); [Definition inserted by section 2 of Act 20 of 2007] “Commission” means the Zimbabwe Media Commission established by section 38; [Definition substituted by section 2 of Act 20 of 2007] “Committee on Standing Rules and Orders” means the Committee of Parliament referred to in section 57(2) of the Constitution; [Definition inserted by section 2 of Act 20 of 2007] “controlling interest”, in relation to a mass media service company, means (a) the majority of the shares in the company; or (b) shares representing more than half the share capital of the company; or (c) shares of a value in excess of half the share capital of the company; or (d) shares entitling the holder or holders thereof to a majority or preponderance of votes in the affairs of the company; “Council” means the Media Council constituted in terms of section 42A; [Definition inserted by section 2 of Act 20 of 2007] “dissemination”, in relation to any mass media product, includes the sale, subscription, delivery, diffusion or distribution of periodically printed publications, audio-recorded programmes, electronically distributed information or teletext programmes; [Definition inserted by section 2 of Act 5 of 2003] “excluded information” means records excluded from the application of this Act in terms of section four; “Fund” means the Media and Information Fund established by section forty-three; “head”, in relation to a public body, means— (a) the person designated as the head of a public body in the second column of the Second Schedule; or (b) any other person whom the Minister may, from time to time, designate as the head of a public body for the purposes of this Act; “injurious allegation” means an allegation which (a) is false; or (b) unlawfully infringes a person’s dignity, reputation or privacy; [Definition inserted by section 2 of Act 20 of 2007] “journalist” means a person who gathers, collects, edits or prepares news, stories, materials and information for a mass media service, whether as an employee of the service or as a freelancer; [Definition inserted by section 2 of Act 5 of 2003] “journalistic privilege” means the rights and privileges attaching to the profession of journalism, including, but not limited to, the privileges of an accredited journalist referred to in section 78; [Definition inserted by section 2 of Act 20 of 2007] “judicial administration record” means a record containing information relating to a presiding officer or a justice of the peace, including— (a) scheduling of presiding officers and trials; (b) the content of judicial training programmes; (c) statistics of judicial activity prepared by or for a judge; “law enforcement” includes— (a) policing, including criminal intelligence operations; or (b) investigations that lead to a penalty or sanction being imposed; or (c) proceedings that result in a penalty or sanction being imposed; or (d) control of immigration; or (e) national defence and security; or (f) maintenance of public order;