This document contains workings, explanations and solutions to the LCR4803 Assignment 2 (QUALITY ANSWERS) Semester 2 2024. For assistance whats-app us on 0.6.8..8.1.2..0.9.3.4... 1.1 (a) The Films and Publications Act 65 of 1996 regulates publications by making provision for a system of classification. Name TWO possible classifications that can be given to publications and indicate briefly when a publication will be awarded each of these classifications. (5) (b) What is “virtual child pornography”? What is the legal position surrounding the issue of virtual child pornography? (5) 1.2 (a) Write notes on the rationale for the crime of contempt of court. (5) (b) Name and briefly explain the grounds of justification which can exclude the element of unlawfulness in the crime of contempt of court. (5) [20] 2.1 Discuss the legal position in terms of section 205 of the Criminal Procedure Act 51 of 1977 if a journalist who, when ordered by the court to do so, refuses to disclose the identity of his informer. Your answer should also discuss the question whether a journalist may rely on journalistic ethics to justify his refusal to disclose the identity of an informer. In your answer refer to applicable court cases where necessary. (14) (a) X a prisoner, is serving the last six months of her prison sentence. She was convicted for keeping a brothel. She knows that she has no financial prospects when she is released from prison. She contacts a journalist of a tabloid newspaper and offers to give her account of the circumstances which led to her conviction to the newspaper, in exchange for a large sum of money. The journalist writes the article and phones the National Commissioner to confirm certain facts before the article is published. (i) Which procedure should be followed in terms of section 123 of the Correctional Services Act 111 of 1998 before the article may be published? (4) (ii) What will the position be if the National Commissioner was not consulted beforehand and only becomes aware of the situation when he reads the article in the newspaper? (3) (b) Name the elements which must be present to constitute the crime of false disparagement of goods and services and give an example from case law. (5) (c) Name four (4) grounds upon which the provision of records may be refused in terms of the Promotion of Access to Information Act 2 of 2000. (4) [30] 3.1 Write concise notes on any SIX (6) of the following: (a) Access to the children’s court case records in terms of the Promotion of Access to Information Act 2 of 2000. (5) (b) The definition of a newspaper as defined by our courts. (5) (c) The meaning of the term “requester” as used in the Promotion of Access to Information Act 2 of 2000. (5) (d) The grounds on which a judge may issue a direction to intercept postal articles in terms of the Regulation of Interception of Communications and Provision of Communication-Related Information Act 70 of 2002. (5) (e) The various complaints which a Public Protector is competent to investigate. (5) (f) Distinguish between intra-textual and extra-textual limitation of rights. (5) (g) Distinguish between the Newspaper Association and the Press-Ombudsman. (5) (h) The specific requirements that should be present before a court of law will accept that the delict of passing off has indeed taken place. (Note: Do not give the delictual elements that apply to unlawful competition in general, but refer to the refined and more specific elements of passing off.) (5)
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