shall be guilty of an offence and liable to a fine not exceeding $20,000 or to imprisonment for a period not exceeding two years or to both such fine and such imprisonment. PART XI REGULATION OF MASS MEDIA SERVICES 62 Interpretation in Part XI In this Part— “dissemination of mass media products” means the sale, subscription, delivery, diffusion or distribution of periodically printed publications, audio-recorded programmes, electronically distributed information or teletext programmes; “distributor” means a person who disseminates mass media products under an agreement with the editor’s office and publisher or on any other lawful grounds; “journalist” means a person who gathers, collects, edits or prepares news, stories and materials for the office of a mass media and is connected with it by reason of his employment and includes freelance journalist; “mass communication” means messages intended for an unlimited range of persons; “mass media products” means any advertisement, the total print or part of the total print of a separate issue of a periodically printed publication, a separate issue of a teletext programme, or the total data or part of the data of any electronically transmitted material, or audio or video recorded programme; “periodically printed publication” means a regular newspaper, magazine or journal, bulletin or any other publication with a constant name. 63 Application of Part XI This Part shall apply to all mass media owners in Zimbabwe and foreign mass media that disseminate mass media products in Zimbabwe. 64 Abuse of freedom of expression (1) Any person accredited or organisation registered in terms of this Act shall not make use, by any means, of a mass media service for the purposes of— (a) committing a criminal offence; or (b) contravening the provisions of the Official Secrets Act [Chapter 11:09]; or (c) contravening section 61, 79, 86 (by failing to publish a correction as required by that section) or 89 (by failing to publish a reply as required by that section); or (d) knowingly publishing a false record of personal information. (2) A person who contravenes subsection (1) shall be guilty of an offence and liable to a fine not exceeding $100,000 or to imprisonment for a period not exceeding two years. 65 Restriction on ownership of mass media services (1) The following persons and bodies may not be mass media owners— (a) any individual who is not a citizen of Zimbabwe or any body corporate in which a controlling interest is not held, directly or indirectly, whether through any individual, company or association or otherwise, by one or more individuals who are citizens of Zimbabwe; (b) an association of persons or an organisation whose activity is banned or prohibited by law; or (c) any person who is insolvent or bankrupt under a law in force in Zimbabwe or any other country, and has not been rehabilitated or discharged. (2) No person other than— (a) a citizen of Zimbabwe or person who is regarded as permanently resident in Zimbabwe by virtue of the Immigration Act [Chapter 4:02]; or (b) a body corporate in which a controlling interest is not held, directly or indirectly, whether through any individual, company or association or otherwise, by one or more individuals who are citizens of Zimbabwe or are regarded as permanently resident in Zimbabwe by virtue of the Immigration Act [Chapter 4:02]; may hold or acquire any shares in a mass media service. (3) Nothing contained in this section shall prevent any person who was an existing mass media owner as at 31st January, 2002, from continuing to be a mass media owner after that date to the extent of his ownership on that date. 66 Registration of mass media services (1) A mass media owner shall carry on the activities of a mass media service only after registering and receiving a certificate of registration in terms of this Act: Provided that this section shall not apply to— (a) the activities of a person holding a licence issued in terms of the Broadcasting Services Act [Chapter 12:06] to the extent that such activities are permitted by such licence; or (b) a representative office of a foreign mass media service permitted to operate in Zimbabwe in terms of section 90; or (c) in-house publications of an organisation which is not a mass media service. (2) An application for the registration of a mass media service whose products are intended for dissemination in Zimbabwe shall be submitted by its owner to the Commission in the form and manner prescribed and accompanied by the prescribed fee. - 15 -