(b) if the person to whom the information relates has identified the information and has consented, in the prescribed manner, to such use. 37 Disclosure for archival or historical purposes The National Archives, or the archives of a public body, may disclose personal information for archival or historical purposes if— (a) such disclosure would not result in an unreasonable invasion of a person’s personal privacy in terms of this Act; or (b) the information is about a person who has been deceased for 30 or more years. PART VII MEDIA AND INFORMATION COMMISSION 38 Establishment of Media and Information Commission For the purposes of this Act, there is hereby established a Commission, to be known as the Media and Information Commission, which shall be a body corporate capable of suing and being sued in its own name and, subject to this Act, of performing all acts that bodies corporate may by law perform. 39 Functions and powers of Commission (1) Subject to this Act, the powers and functions of the Commission shall be— (a) to ensure that Zimbabweans have access to information and effective control of mass media services; and (b) to receive and act upon comments from the public about the administration and performance of the mass media in Zimbabwe; and (c) to comment on the implications of proposed legislation or programmes of public bodies on access to information and protection of privacy; and (d) to comment on the implications of automated systems for collection, storage, analysis or transfer of information or for access to information or protection of privacy; and (e) to inform the public about this Act; and (f) to engage in or commission research into anything affecting the achievement of the purposes of this Act; and (g) to conduct investigations in terms of Part IX to ensure compliance with the provisions of this Act; and (h) to advise the Minister on the adoption and establishment of standards and codes relating to the operation of mass media; and (i) to receive, evaluate for accreditation and consider applications for accreditation as a journalist; and (j) to enforce professional and ethical standards in the mass media; and (k) to review the decisions of public bodies in terms of Part X; and (l) to bring to the attention of the head of a public body any failure to meet the prescribed standards for fulfilling the duty to assist applicants; and (m) to authorise a public body, at the request of its head, to disregard requests that would unreasonably interfere with the operations of the public body; and (n) to accredit journalists; and (o) to monitor the mass media and raise user awareness of the mass media; and (p) to register mass media in Zimbabwe; and (q) to investigate and resolve complaints against any mass media service in terms of the provisions of this Act. (2) In the exercise of Its functions, the Commission shall have regard to the desirability of securing the following objects— (a) to foster freedom of expression in Zimbabwe; (b) to make information easily accessible to persons requiring it; (c) to ensure accurate, balanced and unbiased reporting by the mass media in Zimbabwe; (d) the development of mass media that uphold professional and ethical codes of conduct; (e) to promote the preservation of the national security and integrity of Zimbabwe; (f) to foster a Zimbabwean national identity and integrity; (g) to be responsible for enforcing and monitoring the enforcement of provisions of this Act, and to ensure that its purposes are achieved. (3) Subject to this Act, for the better exercise of its functions, the Commission shall have power to do or cause to be done, either by itself or through its agents, all or any of the things specified in the Third Schedule, either absolutely or conditionally and either solely or jointly with others. 40 Appointment and composition of Media and Information Commission (1) The operations of the Commission shall, subject to this Act, be controlled and managed by a Board. (2) Subject to subsection (3), the Board shall consist of no fewer than five members and not more than seven members (at least three of whom shall be nominated by an association of journalists and an association of media houses) appointed by the Minister after consultation with the President and in accordance with any directions that the President may give him. (3) The Fourth Schedule shall apply to the qualifications of members of the Board and the Commission, their terms and conditions of office, vacation of office, suspension and dismissal, and the procedure to be followed by the Commission at meetings. - 11 -