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Films and Publications Act, 1996 (Act No. 65 of 1996)

Rules

Enforcement Committee Rules, 2022

Schedule 1

Part 4 : The Hearing

Confidentiality

35. Subsequent use of documents provided in proceedings

 

(1) Subject to sub-rules 35 (2) to 35 (4) of Schedule 1, a party to whom a document has been provided in the course of proceedings—
(a) by the Enforcement Committee; or
(b) by another party;

shall be restricted from further use of that document or disclosing the information contained in the document or part of a document

 

(2) Except where a document or a part of a document has been provided within a confidentiality ring, the restriction in sub-rule 35 (1) of Schedule 1 does not apply to a document if—
(a) subject to sub-regulation 35 (5) of Schedule 1, the document has been read to or by the Enforcement Committee, or referred to, at a hearing which has been held in public;
(b) the Enforcement Committee gives permission; or
(c) the party who produced or disclosed the document and the person to whom the document belongs agree.

 

(3) Where a document or part of a document has been provided within a confidentiality ring, the restriction in sub-rule 35 (1) of Schedule 1 applies unless the Enforcement Committee gives permission for further use of that document or the information contained in the document or part of a document.

 

(4) The restriction in sub-rule 35 (1) of Schedule 1 does not prevent the applicant, which is the maker of a disputed decision that is remitted to it by the Enforcement Committee, from using such documents for the purposes of determining the remitted issue.

 

(5) The Enforcement Committee may, either of its own initiative or on the application of a party under sub-rule 35 (6) of Schedule 1, make an order restricting or prohibiting the use of any document provided in the course of proceedings, even where the document has been read to or by the Enforcement Committee, or referred to, at a hearing which has been held in public.

 

(6) An application for such an order may be made—
(a) by a party;
(b) by any person to whom the document belongs; or
(c) by any person who claims that the document contains confidential information relating to them.