CML1501
EXAM PACK
,CML1501 MAY/JUNE 2026
COMMUNICATION LAW
EXAM ANSWERS
SECTION A — TRUE OR FALSE
(a) Article 9 of the African Charter on Human and Peoples’ Rights states that
every individual shall have the right to receive information and shall have the
right to express and disseminate his or her opinions within the law.
Answer: FALSE.
Explanation: Article 9 of the African Charter recognises the right to receive information
and the right to express and disseminate opinions. However, the statement is incorrect
because it says that opinions may be expressed and disseminated “outside the law.”
Article 9(2) provides that individuals have the right to express and disseminate their
opinions within the law. Therefore, because part of the composite statement is
incorrect, the entire statement is false.
(b) State censorship is part of the civil-law system and is an extension of
autonomous censorship. The rules formulated by the community to determine
what may or may not be said freely may not be incorporated in rules enforced by
the state, courts and similar institutions.
Answer: FALSE.
Explanation: State censorship occurs when the state or its institutions impose
restrictions on communication or expression. It is therefore different from autonomous
or self-censorship, which occurs when individuals or organisations regulate their own
expression. Rules concerning permissible speech can be incorporated into legislation
and enforced by courts and other state institutions. Constitutional limitations on freedom
of expression are an example of legally enforceable restrictions.
,(c) Freedom of speech or expression is one of the most fundamental rights
normally acknowledged in a democratic society. Section 16 of the Constitution of
the Republic of South Africa, 1996, contains the freedom of speech clause.
Answer: TRUE.
Explanation: Section 16 of the Constitution protects freedom of expression. It includes
freedom of the press and other media, freedom to receive or impart information or
ideas, freedom of artistic creativity, and academic freedom and freedom of scientific
research. Freedom of expression is fundamental to democratic participation, public
debate and the development of individual autonomy.
(d) Section 9(3) and (4) of the Constitution does not prohibit unfair discrimination
against anyone, whether directly or indirectly, on grounds such as race, sex,
pregnancy, marital status, ethnic or social origin, colour, sexual orientation, age,
disability, religion, conscience, belief, culture, language and birth.
Answer: FALSE.
Explanation: Section 9 expressly prohibits unfair discrimination, whether directly or
indirectly, on one or more listed grounds. These include race, gender, sex, pregnancy,
marital status, ethnic or social origin, colour, sexual orientation, age, disability, religion,
conscience, belief, culture, language and birth. Section 9(4) also requires national
legislation to prevent or prohibit unfair discrimination by persons other than the state.
(e) A witness may suffer harm if he or she testifies in private, which may be
particularly dangerous for state witnesses. The court has no discretion to direct
that the witness testify in public, restrict who may be present, or prevent the
disclosure of the witness's identity.
Answer: FALSE.
Explanation: The statement is incorrect because a court does have powers and
discretion to protect witnesses in appropriate circumstances. Measures can include
, directing that certain proceedings take place in private, restricting the presence of
particular persons, and protecting the identity of a witness where legally justified. These
measures seek to balance the principle of open justice with the safety and protection of
witnesses.
(f) Contempt of court is the lawful and intentional violation of the dignity, repute
or authority of a judicial officer or judicial body, or the lawful and intentional
interference with the administration of justice in a matter pending before a
judicial body.
Answer: FALSE.
Explanation: Contempt of court involves unlawful and intentional, rather than lawful
and intentional, conduct. It may involve the unlawful and intentional violation of the
dignity, repute or authority of a judicial officer or judicial body, or unlawful and intentional
interference with the administration of justice. The use of the word “lawful” makes the
statement incorrect.
SECTION B
QUESTION 1 — MEDIA AND THE LAW
1.1 Fill in the missing words
The paragraph concerns confidentiality and disclosure of information relating to mental-
health-care users. The appropriate answers are:
(a) confidentiality
(b) disclose
(c) confidential
(d) Health
(e) services
(f) information
(g) endanger
EXAM PACK
,CML1501 MAY/JUNE 2026
COMMUNICATION LAW
EXAM ANSWERS
SECTION A — TRUE OR FALSE
(a) Article 9 of the African Charter on Human and Peoples’ Rights states that
every individual shall have the right to receive information and shall have the
right to express and disseminate his or her opinions within the law.
Answer: FALSE.
Explanation: Article 9 of the African Charter recognises the right to receive information
and the right to express and disseminate opinions. However, the statement is incorrect
because it says that opinions may be expressed and disseminated “outside the law.”
Article 9(2) provides that individuals have the right to express and disseminate their
opinions within the law. Therefore, because part of the composite statement is
incorrect, the entire statement is false.
(b) State censorship is part of the civil-law system and is an extension of
autonomous censorship. The rules formulated by the community to determine
what may or may not be said freely may not be incorporated in rules enforced by
the state, courts and similar institutions.
Answer: FALSE.
Explanation: State censorship occurs when the state or its institutions impose
restrictions on communication or expression. It is therefore different from autonomous
or self-censorship, which occurs when individuals or organisations regulate their own
expression. Rules concerning permissible speech can be incorporated into legislation
and enforced by courts and other state institutions. Constitutional limitations on freedom
of expression are an example of legally enforceable restrictions.
,(c) Freedom of speech or expression is one of the most fundamental rights
normally acknowledged in a democratic society. Section 16 of the Constitution of
the Republic of South Africa, 1996, contains the freedom of speech clause.
Answer: TRUE.
Explanation: Section 16 of the Constitution protects freedom of expression. It includes
freedom of the press and other media, freedom to receive or impart information or
ideas, freedom of artistic creativity, and academic freedom and freedom of scientific
research. Freedom of expression is fundamental to democratic participation, public
debate and the development of individual autonomy.
(d) Section 9(3) and (4) of the Constitution does not prohibit unfair discrimination
against anyone, whether directly or indirectly, on grounds such as race, sex,
pregnancy, marital status, ethnic or social origin, colour, sexual orientation, age,
disability, religion, conscience, belief, culture, language and birth.
Answer: FALSE.
Explanation: Section 9 expressly prohibits unfair discrimination, whether directly or
indirectly, on one or more listed grounds. These include race, gender, sex, pregnancy,
marital status, ethnic or social origin, colour, sexual orientation, age, disability, religion,
conscience, belief, culture, language and birth. Section 9(4) also requires national
legislation to prevent or prohibit unfair discrimination by persons other than the state.
(e) A witness may suffer harm if he or she testifies in private, which may be
particularly dangerous for state witnesses. The court has no discretion to direct
that the witness testify in public, restrict who may be present, or prevent the
disclosure of the witness's identity.
Answer: FALSE.
Explanation: The statement is incorrect because a court does have powers and
discretion to protect witnesses in appropriate circumstances. Measures can include
, directing that certain proceedings take place in private, restricting the presence of
particular persons, and protecting the identity of a witness where legally justified. These
measures seek to balance the principle of open justice with the safety and protection of
witnesses.
(f) Contempt of court is the lawful and intentional violation of the dignity, repute
or authority of a judicial officer or judicial body, or the lawful and intentional
interference with the administration of justice in a matter pending before a
judicial body.
Answer: FALSE.
Explanation: Contempt of court involves unlawful and intentional, rather than lawful
and intentional, conduct. It may involve the unlawful and intentional violation of the
dignity, repute or authority of a judicial officer or judicial body, or unlawful and intentional
interference with the administration of justice. The use of the word “lawful” makes the
statement incorrect.
SECTION B
QUESTION 1 — MEDIA AND THE LAW
1.1 Fill in the missing words
The paragraph concerns confidentiality and disclosure of information relating to mental-
health-care users. The appropriate answers are:
(a) confidentiality
(b) disclose
(c) confidential
(d) Health
(e) services
(f) information
(g) endanger
