ASSIGNMENT 2 SEMESTER 2 2025
UNIQUE NO.
DUE DATE: 10 SEPTEMBER 2025
, Communication Law
Question 1
The Protection of Personal Information Act (POPI) – Exceptions in obtaining
children’s information
Children’s personal information is generally protected more strictly under the POPI Act.
Section 35 restricts the processing of children’s personal data, but it allows for certain
exceptions.
Draft Answer (expand into 8+ lines):
The POPI Act recognises children as a vulnerable group whose personal information
requires extra protection. As a rule, no one may process a child’s personal information
without consent from a competent person, such as a parent or legal guardian. However,
Section 35 outlines specific exceptions. Personal data of children may be processed if it
is necessary for the establishment, exercise or defence of a legal right or obligation. It
may also be processed if it is for historical, statistical, or research purposes, provided
that it serves the public interest and safeguards the privacy of the child. Another
exception applies when it is necessary to comply with an obligation imposed by law.
Furthermore, information may be processed when it is already deliberately made public
by the child with the consent of a competent person. These exceptions balance the
need to protect children with the realities of legal, research, and public interest
considerations.
Question 2
Print Media and Another v Minister of Home Affairs and the FPB (2012)
Key Point: Constitutional Court ruled on the constitutionality of certain provisions of the
Films and Publications Act.