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Defence Act, 1957 (Act No. 44 of 1957)

Chapter X : Provisions Applicable in time of War or in connection with the Combating of Terrorism or in connection with an Armed Conflict outside the Republic or in connection with Internal Disorder or other Emergency

101. Censorship

 

 

(1) The State President may during operations in defence of the Republic or for the prevention or suppression of terrorism or for the prevention or suppression of internal disorder in the Republic by proclamation in the Gazette, or in such other manner as he deems expedient in the circumstances, establish and provide for the doing of all things necessary to enforce a censorship over all or any description of postal, telegraphic, telephonic or radio matter or communications passing within, into or from the Republic, and over all or any description of letters, written or printed matter, parcels, pictures, drawings, sketches, photographs or gramophone records (including any article, apparatus or device upon which or by means of which intelligence or sounds of any kind have been recorded and can be reproduced) addressed or intended to be delivered or conveyed to any person, and prescribe the conditions under which the postal, telegraph, telephone or radio services may be used.

[Subsection (1) substituted by section 7 of Act No. 35 of 1977]

 

(2) The conditions so prescribed, and any regulations, orders or instructions relating to the establishment or enforcement of a censorship in terms of this section, shall override any provisions of any law or regulation relating to the management of the postal, telegraph, telephone or radio services of the Republic.

 

(3) Any person who contravenes or fails to comply with any regulation, order or instruction issued in terms of this section shall be guilty of an offence.

 

(4) In addition to the powers vested in him under any law, the Postmaster-General or the managing director of the telecommunications company as defined in the Post Office Act, 1958 (Act No. 44 of 1958), may delay the transmission of any radio or telegraphic communication, respectively, which in his opinion improperly discloses or deals with information relating to defence the publication of which is prohibited under section 118, and may with the sanction of the Minister or a person acting under his authority refuse to transmit any such communication in whole or in part.

[Subsection (4) substituted by section 78 of Act No. 85 of 1991]

 

(5) No person shall be entitled to the refund of any charges paid in respect of any postal article, telegram, radio-telegram or telephone call which is detained, delayed, diverted or interrupted in pursuance of this section.