The information regulator issued its first PAIA enforcement notice to Risa Audio Visual (RAV). Hardwick Trading (Hardwick) complained to the information regulator after RAV’s CEO denied their request for access to records relating to the distribution of royalty payments that broadcasters collected. The information regulator conducted a full investigation and referred the matter to the enforcement committee for a final finding and a recommendation on the appropriate course of action. The enforcement committee ordered RAV to grant Hardwick access to RAV’s records.

RAV enforcement notice order

The enforcement committee issued a PAIA enforcement notice against the CEO of RAV (head of the private body). In the enforcement notice, the committee ordered RAV to grant access to the records. The committee also directed RAV’s CEO to grant access to complete and accurate records of payment distributions made to any third party in respect of license fees or copyright royalties that RAV may have received.

Timeline to comply

The enforcement committee gave RAV 31 days to comply with the PAIA enforcement notice. The 31-day period expired at the beginning of June 2023.

We recently learnt that RAV will be challenging the enforcement notice in court. We are monitoring these developments and will share our insights about the judgment on our PAIA judgments page.

Regulators findings

After reviewing the committee’s findings and recommendations, the regulator found that RAV’s CEO refused to give access to the records because there was no valid assignment of rights that would allow the complainant to access the records. RAV did not comply with the grounds for refusal of access per Chapter 4 of PAIA. Hardwick was entitled to access the records to protect its licensing and copyright rights.

What can we learn from RAV’s enforcement notice?

Over the past few years, our courts have handed down many PAIA judgments. As a country, South Africa promotes access to information because it holds institutions accountable and promotes transparency. That’s why the information regulator will follow legal precedent largely by granting access to information when it is necessary under the law. Although RAV is challenging this enforcement notice in court, we can still learn a lot from it. For example:

  • The information regulator’s PAIA awareness campaigns are very effective. That’s why more people will complain to the regulator if their access requests are unsuccessful.
  • If you are a private body and you plan to reject a requester’s access to records you hold, then you may refuse access on one of the grounds in sections 63 to 69 of PAIA.
  • Remember, if you plan to deny an access request, you are saddled with the burden of proof. For example, if you refuse access because it would lead to you breaching your duty of confidence, then you must explain to an authority why and how you would be in breach.
  • If you respond to an access to information request without understanding the PAIA provisions, you can land yourself in hot water with the regulator.

Actions you can take

  • Dive into the details of the enforcement notice by downloading it and reading it.
  • Avoid PAIA complaints by knowing what complaints a requester can lodge with the regulator.
  • Know how to respond to PAIA complaints by familiarising yourself with the complaints process in our Access to Information Programme.