LCR4803 Assignment 1 (DETAILED ANSWERS) Semester 2 2025 - DISTINCTION GUARANTEED

LCR4803 Assignment 1 (DETAILED ANSWERS) Semester 2 2025 - DISTINCTION GUARANTEED - DISTINCTION GUARANTEED - DISTINCTION GUARANTEED Answers, guidelines, workings and references . Section 32 of the Constitution of 1996 makes provision for a right of access to information. In order to provide for the practical implementation of this right, the Promotion of Access to Information Act 2 of 2000 was promulgated. Provide the following information requested below, with regard to this piece of legislation: (a) Name the various bodies from whom information can be requested. (2) (b) State TWO (2) of the responsibilities that have immediately been placed on these bodies in terms of the legislation, even before a request for information has been received. (2) (c) State FIVE (4) grounds on which access to information may be refused by the various bodies. (4) The Protection of Personal Information Act 4 of 2013 regulates the processing of personal information of data subjects (individuals). Name the different categories of information that are included in the definition of personal information in the Act and give an example of each category. Critically discuss the broadcasting of criminal trial proceedings with reference to the case of Van Breda v Media 24 Limited and Others; National Director of Public Prosecutions v Media 24 Limited and others 3 All SA 622 (SCA); 2017 (2) SACR 491 (SCA) (21 June 2017). In your discussion you should refer to the following aspects: (a) the facts (very briefly) (b) the conflicting fundamental rights at issue here (c) whether a witness can object to his or her testimony being broadcast and what a court should take into consideration when deciding on such an application X, who works at The Evening Post Newspaper, is given an assignment to write an article on a pending high profile criminal case. X consults you as her legal advisor for advice on the concept of contempt of court which takes the form of prejudging a case which is pending (sub iudice). Advise her in detail on this form of contempt of court as it applies to criminal cases by referring to (a) the definition of contempt of court; and (5) (b) contempt ex facie curiae (outside court) with reference to pending judicial proceedings. (10) Discuss the content and ambit of the right to freedom of speech as guaranteed in section 16 of the Constitution of the Republic of South Africa. Indicate what is included in the right and what is excluded. Do not merely quote section 16 verbatim, but explain in detail the meaning of the various terms used in the provision. ABC, a manufacturer of washing powder, publishes false information relating to the washing powder of his competitor, XYZ. Due to these false allegations, XYZ suffers a loss of R100 000. XYZ approaches you as his legal advisor. Name the elements which must be present to constitute the delict of false disparagement of goods and services, and give an example from case law. "Access to information is fundamental to the realisation of the rights guaranteed in the Bill of Rights. For example, access to information is crucial to the right to freedom of expression which includes freedom of the press and other media and freedom to receive or impart information or ideas." (Ngobo J in Brümmer v Minister for Social Development and Others). - Critically analyse the profound statement by Ngobo J, using Brümmer v Minister for Social Development and Others as a central point of reference. In your analysis, discuss: - How the Promotion of Access to Information Act 2 of 2000 (PAIA) serves as a legislative mechanism to give effect to the constitutional right to access information. - The specific constitutional challenges identified in Brümmer regarding PAIA and their implications for individuals seeking information. - The essential role of the media in a democratic society, as articulated in Brümmer and other relevant jurisprudence, and how access to information underpins this role. - The inherent tension, if any, between the right to access information and other fundamental rights or state interests in the context of media reporting. A takes her daughter, B, to hospital for a medical procedure. While in hospital, and at a stage when she is unconscious, B falls from a trolley and is severely injured. A is sure that these injuries were caused by the negligence of the hospital staff. However, before she can institute proceedings against the hospital to claim damages, she needs more information. She consults you, her attorney, in this regard. Advise her by referring to the following possible methods that can be used to obtain information: (1) An application to the Constitutional Court while relying on section 32 of the Constitution (2) A subpoena served on the hospital superintendent to answer questions in terms of section 205 of the Criminal Procedure Act 51 of 1977 (3) Connecting a monitoring device to the hospital’s telephone and computer networks (assume that this is a practical possibility) (4) Using the Promotion of Access to Information Act 2 of 2000 Compare these four possibilities with regard to their appropriateness in the given circumstances and then advise your client as to the best procedure to follow. If you are of the opinion that none of these alternatives would be suitable, recommend another solution. Discuss fully. Substantiate your answer by referring to applicable case law, legislation and the opinions of legal commentators. [20] QUESTION 2 A, a manufacturer of smartwatches (a smartwatch is a digital, touchscreen, wearable computer in the form of a wristwatch), finds out that a competitor, B, plans to market a new type of smartwatch which, according to market research that has been done, will be very popular. Without B’s permission, A obtains information regarding B’s smartwatch as well as the copies of advertising material that has been prepared for the marketing project. A now manufactures a new smartwatch and markets it in a way similar to the one B had in mind. As a result, B finds it difficult to get his smartwatch sold. Can B institute proceedings against A on the grounds of unlawful competition? To whom should a member of the public, who feels that a certain advertisement is misleading, complain to? Discuss fully. Substantiate your answer by referring to applicable case law, legislation and the opinions of legal commentators. [20] The regulation of electronic communications in South Africa involves a dual legislative framework, primarily through the Independent Communications Authority of South Africa Act 13 of 2000 and the Electronic Communications Act 36 of 2005. With reference to this framework, critically evaluate the scope and challenges of ICASA's mandate in regulating electronic communications in the public interest. Your answer should specifically address: - The foundational principles guiding ICASA's regulatory authority, particularly "public interest," "fairness," and "diversity of views." - The distinct roles of the two primary Acts in establishing ICASA's powers (e.g., regulatory framework vs. licensing framework). - Specific duties of ICASA beyond licensing, such as spectrum management, consumer protection, and compliance enforcement. - Discuss the complexities ICASA faces in ensuring these objectives are met in a rapidly evolving digital communication landscape, considering both traditional broadcasting and emerging online platforms.X hears that the company, Atlas Pty Ltd, is in the process of destroying parts of a natural forest and bird sanctuary in order to drill for oil before the company has obtained authorisation for such activities. X is furious and places inciting, insulting placards all over town. As a member of the community and a keen environmentalist he organises a town meeting to get the community involved to take action to stop the company’s drilling for oil. After an inciting speech, he distributes pamphlets with the words: “This is war! Let’s take these roughnecks down! Let’s break into their site and take apart their drilling machines! Let’s burn the place down! We will destroy everything and everyone like they are destroying our environment! No oil driller is getting out of here alive! This is our fight for our planet and our children’s heritage!” X is arrested when the police get hold of the pamphlets. X relies on his constitutional right to freedom of speech “to say it like he sees it!”. Discuss whether the right to freedom of speech is an absolute right and indicate whether X’s statements will enjoy the protection of the right to freedom of expression. Discuss fully and critically. Substantiate your answer by referring to applicable case law, legislation and the opinions of legal commentators. [20] Section 32 of the Constitution of 1996 makes provision for a right of access to information. In order to provide for the practical implementation of this right, the Promotion of Access to Information Act 2 of 2000 was promulgated. Provide the following information requested below, with regard to this piece of legislation: (a) Name the various bodies from whom information can be requested. (2) (b) State TWO (2) of the responsibilities that have immediately been placed on these bodies in terms of the legislation, even before a request for information has been received. (2) Analyse the concept of censorship by applying its various forms to the following contemporary scenarios in South Africa. For each scenario, identify the specific type(s) of censorship at play and explain the characteristics that define it within that context. Discuss the legal and ethical implications of each scenario. (a) The "Public Health Blackout" Following a severe public health crisis, the National Department of Health issues a directive to all major news broadcasters and online media outlets, requesting a complete moratorium on reporting any negative statistics or critical commentary related to the government's response, citing "national stability" as the reason. While no direct legal penalty is immediately threatened for non-compliance, the directive is accompanied by strong public statements from government officials about the importance of "responsible journalism" during a crisis. (b) The Industry Code of Conduct The Association of Online Content Creators (AOCC), a self-regulatory body representing major South African digital content producers, publishes a new "Code of Conduct for Responsible Online Content." This code, which its members voluntarily agree to abide by, includes strict guidelines on avoiding hate speech, promoting diversity, and ensuring factual accuracy in all online publications. Members who violate the code face internal sanctions, including expulsion from the association and public shaming. (c) The Streaming Service's Age-Gating A new international streaming service, "StreamZA," launches in South Africa. As part of its terms of service and in compliance with local regulations, StreamZA implements a robust age-gating system that requires users to verify their age before accessing certain categories of content (e.g., mature themes, violence, nudity). Content that is deemed "undesirable" or "harmful to minors" by South African law is automatically restricted to adult viewers, and in some extreme cases, entirely removed from the South African catalogue.(c) State FIVE (4) grounds on which access to information may be refused by the various bodies. (4) The Protection of Personal Information Act 4 of 2013 regulates the processing of personal information of data subjects (individuals). Name the different categories of information that are included in the definition of personal information in the Act and give an example of each category. Critically discuss the broadcasting of criminal trial proceedings with reference to the case of Van Breda v Media 24 Limited and Others; National Director of Public Prosecutions v Media 24 Limited and others 3 All SA 622 (SCA); 2017 (2) SACR 491 (SCA) (21 June 2017). In your discussion you should refer to the following aspects: (a) the facts (very briefly) (b) the conflicting fundamental rights at issue here (c) whether a witness can object to his or her testimony being broadcast and what a court should take into consideration when deciding on such an application X, who works at The Evening Post Newspaper, is given an assignment to write an article on a pending high profile criminal case. X consults you as her legal advisor for advice on the concept of contempt of court which takes the form of prejudging a case which is pending (sub iudice). Advise her in detail on this form of contempt of court as it applies to criminal cases by referring to (a) the definition of contempt of court; and (5) (b) contempt ex facie curiae (outside court) with reference to pending judicial proceedings. (10) Discuss the content and ambit of the right to freedom of speech as guaranteed in section 16 of the Constitution of the Republic of South Africa. Indicate what is included in the right and what is excluded. Do not merely quote section 16 verbatim, but explain in detail the meaning of the various terms used in the provision. ABC, a manufacturer of washing powder, publishes false information relating to the washing powder of his competitor, XYZ. Due to these false allegations, XYZ suffers a loss of R100 000. XYZ approaches you as his legal advisor. Name the elements which must be present to constitute the delict of false disparagement of goods and services, and give an example from case law. "Access to information is fundamental to the realisation of the rights guaranteed in the Bill of Rights. For example, access to information is crucial to the right to freedom of expression which includes freedom of the press and other media and freedom to receive or impart information or ideas." (Ngobo J in Brümmer v Minister for Social Development and Others). - Critically analyse the profound statement by Ngobo J, using Brümmer v Minister for Social Development and Others as a central point of reference. In your analysis, discuss: - How the Promotion of Access to Information Act 2 of 2000 (PAIA) serves as a legislative mechanism to give effect to the constitutional right to access information. - The specific constitutional challenges identified in Brümmer regarding PAIA and their implications for individuals seeking information. - The essential role of the media in a democratic society, as articulated in Brümmer and other relevant jurisprudence, and how access to information underpins this role. - The inherent tension, if any, between the right to access information and other fundamental rights or state interests in the context of media reporting. A takes her daughter, B, to hospital for a medical procedure. While in hospital, and at a stage when she is unconscious, B falls from a trolley and is severely injured. A is sure that these injuries were caused by the negligence of the hospital staff. However, before she can institute proceedings against the hospital to claim damages, she needs more information. She consults you, her attorney, in this regard. Advise her by referring to the following possible methods that can be used to obtain information: (1) An application to the Constitutional Court while relying on section 32 of the Constitution (2) A subpoena served on the hospital superintendent to answer questions in terms of section 205 of the Criminal Procedure Act 51 of 1977 (3) Connecting a monitoring device to the hospital’s telephone and computer networks (assume that this is a practical possibility) (4) Using the Promotion of Access to Information Act 2 of 2000 Compare these four possibilities with regard to their appropriateness in the given circumstances and then advise your client as to the best procedure to follow. If you are of the opinion that none of these alternatives would be suitable, recommend another solution. Discuss fully. Substantiate your answer by referring to applicable case law, legislation and the opinions of legal commentators. [20]Analyse the concept of censorship by applying its various forms to the following contemporary scenarios in South Africa. For each scenario, identify the specific type(s) of censorship at play and explain the characteristics that define it within that context. Discuss the legal and ethical implications of each scenario. (a) The "Public Health Blackout" Following a severe public health crisis, the National Department of Health issues a directive to all major news broadcasters and online media outlets, requesting a complete moratorium on reporting any negative statistics or critical commentary related to the government's response, citing "national stability" as the reason. While no direct legal penalty is immediately threatened for non-compliance, the directive is accompanied by strong public statements from government officials about the importance of "responsible journalism" during a crisis. (b) The Industry Code of Conduct The Association of Online Content Creators (AOCC), a self-regulatory body representing major South African digital content producers, publishes a new "Code of Conduct for Responsible Online Content." This code, which its members voluntarily agree to abide by, includes strict guidelines on avoiding hate speech, promoting diversity, and ensuring factual accuracy in all online publications. Members who violate the code face internal sanctions, including expulsion from the association and public shaming. (c) The Streaming Service's Age-Gating A new international streaming service, "StreamZA," launches in South Africa. As part of its terms of service and in compliance with local regulations, StreamZA implements a robust age-gating system that requires users to verify their age before accessing certain categories of content (e.g., mature themes, violence, nudity). Content that is deemed "undesirable" or "harmful to minors" by South African law is automatically restricted to adult viewers, and in some extreme cases, entirely removed from the South African catalogue. QUESTION 2 "Access to information is fundamental to the realisation of the rights guaranteed in the Bill of Rights. For example, access to information is crucial to the right to freedom of expression which includes freedom of the press and other media and freedom to receive or impart information or ideas." (Ngobo J in Brümmer v Minister for Social Development and Others). - Critically analyse the profound statement by Ngobo J, using Brümmer v Minister for Social Development and Others as a central point of reference. In your analysis, discuss: - How the Promotion of Access to Information Act 2 of 2000 (PAIA) serves as a legislative mechanism to give effect to the constitutional right to access information. - The specific constitutional challenges identified in Brümmer regarding PAIA and their implications for individuals seeking information. - The essential role of the media in a democratic society, as articulated in Brümmer and other relevant jurisprudence, and how access to information underpins this role. - The inherent tension, if any, between the right to access information and other fundamental rights or state interests in the context of media reporting. A, a manufacturer of smartwatches (a smartwatch is a digital, touchscreen, wearable computer in the form of a wristwatch), finds out that a competitor, B, plans to market a new type of smartwatch which, according to market research that has been done, will be very popular. Without B’s permission, A obtains information regarding B’s smartwatch as well as the copies of advertising material that has been prepared for the marketing project. A now manufactures a new smartwatch and markets it in a way similar to the one B had in mind. As a result, B finds it difficult to get his smartwatch sold. Can B institute proceedings against A on the grounds of unlawful competition? To whom should a member of the public, who feels that a certain advertisement is misleading, complain to? Discuss fully. Substantiate your answer by referring to applicable case law, legislation and the opinions of legal commentators. [20] The regulation of electronic communications in South Africa involves a dual legislative framework, primarily through the Independent Communications Authority of South Africa Act 13 of 2000 and the Electronic Communications Act 36 of 2005. With reference to this framework, critically evaluate the scope and challenges of ICASA's mandate in regulating electronic communications in the public interest. Your answer should specifically address: - The foundational principles guiding ICASA's regulatory authority, particularly "public interest," "fairness," and "diversity of views." - The distinct roles of the two primary Acts in establishing ICASA's powers (e.g., regulatory framework vs. licensing framework). - Specific duties of ICASA beyond licensing, such as spectrum management, consumer protection, and compliance enforcement. - Discuss the complexities ICASA faces in ensuring these objectives are met in a rapidly evolving digital communication landscape, considering both traditional broadcasting and emerging online platforms.X hears that the company, Atlas Pty Ltd, is in the process of destroying parts of a natural forest and bird sanctuary in order to drill for oil before the company has obtained authorisation for such activities. X is furious and places inciting, insulting placards all over town. As a member of the community and a keen environmentalist he organises a town meeting to get the community involved to take action to stop the company’s drilling for oil. After an inciting speech, he distributes pamphlets with the words: “This is war! Let’s take these roughnecks down! Let’s break into their site and take apart their drilling machines! Let’s burn the place down! We will destroy everything and everyone like they are destroying our environment! No oil driller is getting out of here alive! This is our fight for our planet and our children’s heritage!” X is arrested when the police get hold of the pamphlets. X relies on his constitutional right to freedom of speech “to say it like he sees it!”. Discuss whether the right to freedom of speech is an absolute right and indicate whether X’s statements will enjoy the protection of the right to freedom of expression. Discuss fully and critically. Substantiate your answer by referring to applicable case law, legislation and the opinions of legal commentators. [20] The regulation of electronic communications in South Africa involves a dual legislative framework, primarily through the Independent Communications Authority of South Africa Act 13 of 2000 and the Electronic Communications Act 36 of 2005. With reference to this framework, critically evaluate the scope and challenges of ICASA's mandate in regulating electronic communications in the public interest. Your answer should specifically address: - The foundational principles guiding ICASA's regulatory authority, particularly "public interest," "fairness," and "diversity of views." - The distinct roles of the two primary Acts in establishing ICASA's powers (e.g., regulatory framework vs. licensing framework). - Specific duties of ICASA beyond licensing, such as spectrum management, consumer protection, and compliance enforcement. - Discuss the complexities ICASA faces in ensuring these objectives are met in a rapidly evolving digital communication landscape, considering both traditional broadcasting and emerging online platforms. Section 32 of the Constitution of 1996 makes provision for a right of access to information. In order to provide for the practical implementation of this right, the Promotion of Access to Information Act 2 of 2000 was promulgated. Provide the following information requested below, with regard to this piece of legislation: (a) Name the various bodies from whom information can be requested. (2) (b) State TWO (2) of the responsibilities that have immediately been placed on these bodies in terms of the legislation, even before a request for information has been received. (2) (c) State FIVE (4) grounds on which access to information may be refused by the various bodies. (4) The Protection of Personal Information Act 4 of 2013 regulates the processing of personal information of data subjects (individuals). Name the different categories of information that are included in the definition of personal information in the Act and give an example of each category. Critically discuss the broadcasting of criminal trial proceedings with reference to the case of Van Breda v Media 24 Limited and Others; National Director of Public Prosecutions v Media 24 Limited and others 3 All SA 622 (SCA); 2017 (2) SACR 491 (SCA) (21 June 2017). In your discussion you should refer to the following aspects: (a) the facts (very briefly) (b) the conflicting fundamental rights at issue here (c) whether a witness can object to his or her testimony being broadcast and what a court should take into consideration when deciding on such an application X, who works at The Evening Post Newspaper, is given an assignment to write an article on a pending high profile criminal case. X consults you as her legal advisor for advice on the concept of contempt of court which takes the form of prejudging a case which is pending (sub iudice). Advise her in detail on this form of contempt of court as it applies to criminal cases by referring to (a) the definition of contempt of court; and (5) (b) contempt ex facie curiae (outside court) with reference to pending judicial proceedings. (10) Discuss the content and ambit of the right to freedom of speech as guaranteed in section 16 of the Constitution of the Republic of South Africa. Indicate what is included in the right and what is excluded. Do not merely quote section 16 verbatim, but explain in detail the meaning of the various terms used in the provision. ABC, a manufacturer of washing powder, publishes false information relating to the washing powder of his competitor, XYZ. Due to these false allegations, XYZ suffers a loss of R100 000. XYZ approaches you as his legal advisor. Name the elements which must be present to constitute the delict of false disparagement of goods and services, and give an example from case law. "Access to information is fundamental to the realisation of the rights guaranteed in the Bill of Rights. For example, access to information is crucial to the right to freedom of expression which includes freedom of the press and other media and freedom to receive or impart information or ideas." (Ngobo J in Brümmer v Minister for Social Development and Others). - Critically analyse the profound statement by Ngobo J, using Brümmer v Minister for Social Development and Others as a central point of reference. In your analysis, discuss: - How the Promotion of Access to Information Act 2 of 2000 (PAIA) serves as a legislative mechanism to give effect to the constitutional right to access information. - The specific constitutional challenges identified in Brümmer regarding PAIA and their implications for individuals seeking information. - The essential role of the media in a democratic society, as articulated in Brümmer and other relevant jurisprudence, and how access to information underpins this role. - The inherent tension, if any, between the right to access information and other fundamental rights or state interests in the context of media reporting. A takes her daughter, B, to hospital for a medical procedure. While in hospital, and at a stage when she is unconscious, B falls from a trolley and is severely injured. A is sure that these injuries were caused by the negligence of the hospital staff. However, before she can institute proceedings against the hospital to claim damages, she needs more information. She consults you, her attorney, in this regard. Advise her by referring to the following possible methods that can be used to obtain information: (1) An application to the Constitutional Court while relying on section 32 of the Constitution (2) A subpoena served on the hospital superintendent to answer questions in terms of section 205 of the Criminal Procedure Act 51 of 1977 (3) Connecting a monitoring device to the hospital’s telephone and computer networks (assume that this is a practical possibility) (4) Using the Promotion of Access to Information Act 2 of 2000 Compare these four possibilities with regard to their appropriateness in the given circumstances and then advise your client as to the best procedure to follow. If you are of the opinion that none of these alternatives would be suitable, recommend another solution. Discuss fully. Substantiate your answer by referring to applicable case law, legislation and the opinions of legal commentators. [20] QUESTION 2 A, a manufacturer of smartwatches (a smartwatch is a digital, touchscreen, wearable computer in the form of a wristwatch), finds out that a competitor, B, plans to market a new type of smartwatch which, according to market research that has been done, will be very popular. Without B’s permission, A obtains information regarding B’s smartwatch as well as the copies of advertising material that has been prepared for the marketing project. A now manufactures a new smartwatch and markets it in a way similar to the one B had in mind. As a result, B finds it difficult to get his smartwatch sold. Can B institute proceedings against A on the grounds of unlawful competition? To whom should a member of the public, who feels that a certain advertisement is misleading, complain to? Discuss fully. Substantiate your answer by referring to applicable case law, legislation and the opinions of legal commentators. [20] The regulation of electronic communications in South Africa involves a dual legislative framework, primarily through the Independent Communications Authority of South Africa Act 13 of 2000 and the Electronic Communications Act 36 of 2005. With reference to this framework, critically evaluate the scope and challenges of ICASA's mandate in regulating electronic communications in the public interest. Your answer should specifically address: - The foundational principles guiding ICASA's regulatory authority, particularly "public interest," "fairness," and "diversity of views." - The distinct roles of the two primary Acts in establishing ICASA's powers (e.g., regulatory framework vs. licensing framework). - Specific duties of ICASA beyond licensing, such as spectrum management, consumer protection, and compliance enforcement. - Discuss the complexities ICASA faces in ensuring these objectives are met in a rapidly evolving digital communication landscape, considering both traditional broadcasting and emerging online platforms.X hears that the company, Atlas Pty Ltd, is in the process of destroying parts of a natural forest and bird sanctuary in order to drill for oil before the company has obtained authorisation for such activities. X is furious and places inciting, insulting placards all over town. As a member of the community and a keen environmentalist he organises a town meeting to get the community involved to take action to stop the company’s drilling for oil. After an inciting speech, he distributes pamphlets with the words: “This is war! Let’s take these roughnecks down! Let’s break into their site and take apart their drilling machines! Let’s burn the place down! We will destroy everything and everyone like they are destroying our environment! No oil driller is getting out of here alive! This is our fight for our planet and our children’s heritage!” X is arrested when the police get hold of the pamphlets. X relies on his constitutional right to freedom of speech “to say it like he sees it!”. Discuss whether the right to freedom of speech is an absolute right and indicate whether X’s statements will enjoy the protection of the right to freedom of expression. Discuss fully and critically. Substantiate your answer by referring to applicable case law, legislation and the opinions of legal commentators. [20] Section 32 of the Constitution of 1996 makes provision for a right of access to information. In order to provide for the practical implementation of this right, the Promotion of Access to Information Act 2 of 2000 was promulgated. Provide the following information requested below, with regard to this piece of legislation: (a) Name the various bodies from whom information can be requested. (2) (b) State TWO (2) of the responsibilities that have immediately been placed on these bodies in terms of the legislation, even before a request for information has been received. (2) Analyse the concept of censorship by applying its various forms to the following contemporary scenarios in South Africa. For each scenario, identify the specific type(s) of censorship at play and explain the characteristics that define it within that context. Discuss the legal and ethical implications of each scenario. (a) The "Public Health Blackout" Following a severe public health crisis, the National Department of Health issues a directive to all major news broadcasters and online media outlets, requesting a complete moratorium on reporting any negative statistics or critical commentary related to the government's response, citing "national stability" as the reason. While no direct legal penalty is immediately threatened for non-compliance, the directive is accompanied by strong public statements from government officials about the importance of "responsible journalism" during a crisis. (b) The Industry Code of Conduct The Association of Online Content Creators (AOCC), a self-regulatory body representing major South African digital content producers, publishes a new "Code of Conduct for Responsible Online Content." This code, which its members voluntarily agree to abide by, includes strict guidelines on avoiding hate speech, promoting diversity, and ensuring factual accuracy in all online publications. Members who violate the code face internal sanctions, including expulsion from the association and public shaming. (c) The Streaming Service's Age-Gating A new international streaming service, "StreamZA," launches in South Africa. As part of its terms of service and in compliance with local regulations, StreamZA implements a robust age-gating system that requires users to verify their age before accessing certain categories of content (e.g., mature themes, violence, nudity). Content that is deemed "undesirable" or "harmful to minors" by South African law is automatically restricted to adult viewers, and in some extreme cases, entirely removed from the South African catalogue.(c) State FIVE (4) grounds on which access to information may be refused by the various bodies. (4) The Protection of Personal Information Act 4 of 2013 regulates the processing of personal information of data subjects (individuals). Name the different categories of information that are included in the definition of personal information in the Act and give an example of each category. Critically discuss the broadcasting of criminal trial proceedings with reference to the case of Van Breda v Media 24 Limited and Others; National Director of Public Prosecutions v Media 24 Limited and others 3 All SA 622 (SCA); 2017 (2) SACR 491 (SCA) (21 June 2017). In your discussion you should refer to the following aspects: (a) the facts (very briefly) (b) the conflicting fundamental rights at issue here (c) whether a witness can object to his or her testimony being broadcast and what a court should take into consideration when deciding on such an application X, who works at The Evening Post Newspaper, is given an assignment to write an article on a pending high profile criminal case. X consults you as her legal advisor for advice on the concept of contempt of court which takes the form of prejudging a case which is pending (sub iudice). Advise her in detail on this form of contempt of court as it applies to criminal cases by referring to (a) the definition of contempt of court; and (5) (b) contempt ex facie curiae (outside court) with reference to pending judicial proceedings. (10) Discuss the content and ambit of the right to freedom of speech as guaranteed in section 16 of the Constitution of the Republic of South Africa. Indicate what is included in the right and what is excluded. Do not merely quote section 16 verbatim, but explain in detail the meaning of the various terms used in the provision. ABC, a manufacturer of washing powder, publishes false information relating to the washing powder of his competitor, XYZ. Due to these false allegations, XYZ suffers a loss of R100 000. XYZ approaches you as his legal advisor. Name the elements which must be present to constitute the delict of false disparagement of goods and services, and give an example from case law. "Access to information is fundamental to the realisation of the rights guaranteed in the Bill of Rights. For example, access to information is crucial to the right to freedom of expression which includes freedom of the press and other media and freedom to receive or impart information or ideas." (Ngobo J in Brümmer v Minister for Social Development and Others). - Critically analyse the profound statement by Ngobo J, using Brümmer v Minister for Social Development and Others as a central point of reference. In your analysis, discuss: - How the Promotion of Access to Information Act 2 of 2000 (PAIA) serves as a legislative mechanism to give effect to the constitutional right to access information. - The specific constitutional challenges identified in Brümmer regarding PAIA and their implications for individuals seeking information. - The essential role of the media in a democratic society, as articulated in Brümmer and other relevant jurisprudence, and how access to information underpins this role. - The inherent tension, if any, between the right to access information and other fundamental rights or state interests in the context of media reporting. A takes her daughter, B, to hospital for a medical procedure. While in hospital, and at a stage when she is unconscious, B falls from a trolley and is severely injured. A is sure that these injuries were caused by the negligence of the hospital staff. However, before she can institute proceedings against the hospital to claim damages, she needs more information. She consults you, her attorney, in this regard. Advise her by referring to the following possible methods that can be used to obtain information: (1) An application to the Constitutional Court while relying on section 32 of the Constitution (2) A subpoena served on the hospital superintendent to answer questions in terms of section 205 of the Criminal Procedure Act 51 of 1977 (3) Connecting a monitoring device to the hospital’s telephone and computer networks (assume that this is a practical possibility) (4) Using the Promotion of Access to Information Act 2 of 2000 Compare these four possibilities with regard to their appropriateness in the given circumstances and then advise your client as to the best procedure to follow. If you are of the opinion that none of these alternatives would be suitable, recommend another solution. Discuss fully. Substantiate your answer by referring to applicable case law, legislation and the opinions of legal commentators. [20]Analyse the concept of censorship by applying its various forms to the following contemporary scenarios in South Africa. For each scenario, identify the specific type(s) of censorship at play and explain the characteristics that define it within that context. Discuss the legal and ethical implications of each scenario. (a) The "Public Health Blackout" Following a severe public health crisis, the National Department of Health issues a directive to all major news broadcasters and online media outlets, requesting a complete moratorium on reporting any negative statistics or critical commentary related to the government's response, citing "national stability" as the reason. While no direct legal penalty is immediately threatened for non-compliance, the directive is accompanied by strong public statements from government officials about the importance of "responsible journalism" during a crisis. (b) The Industry Code of Conduct The Association of Online Content Creators (AOCC), a self-regulatory body representing major South African digital content producers, publishes a new "Code of Conduct for Responsible Online Content." This code, which its members voluntarily agree to abide by, includes strict guidelines on avoiding hate speech, promoting diversity, and ensuring factual accuracy in all online publications. Members who violate the code face internal sanctions, including expulsion from the association and public shaming. (c) The Streaming Service's Age-Gating A new international streaming service, "StreamZA," launches in South Africa. As part of its terms of service and in compliance with local regulations, StreamZA implements a robust age-gating system that requires users to verify their age before accessing certain categories of content (e.g., mature themes, violence, nudity). Content that is deemed "undesirable" or "harmful to minors" by South African law is automatically restricted to adult viewers, and in some extreme cases, entirely removed from the South African catalogue. QUESTION 2 "Access to information is fundamental to the realisation of the rights guaranteed in the Bill of Rights. For example, access to information is crucial to the right to freedom of expression which includes freedom of the press and other media and freedom to receive or impart information or ideas." (Ngobo J in Brümmer v Minister for Social Development and Others). - Critically analyse the profound statement by Ngobo J, using Brümmer v Minister for Social Development and Others as a central point of reference. In your analysis, discuss: - How the Promotion of Access to Information Act 2 of 2000 (PAIA) serves as a legislative mechanism to give effect to the constitutional right to access information. - The specific constitutional challenges identified in Brümmer regarding PAIA and their implications for individuals seeking information. - The essential role of the media in a democratic society, as articulated in Brümmer and other relevant jurisprudence, and how access to information underpins this role. - The inherent tension, if any, between the right to access information and other fundamental rights or state interests in the context of media reporting. A, a manufacturer of smartwatches (a smartwatch is a digital, touchscreen, wearable computer in the form of a wristwatch), finds out that a competitor, B, plans to market a new type of smartwatch which, according to market research that has been done, will be very popular. Without B’s permission, A obtains information regarding B’s smartwatch as well as the copies of advertising material that has been prepared for the marketing project. A now manufactures a new smartwatch and markets it in a way similar to the one B had in mind. As a result, B finds it difficult to get his smartwatch sold. Can B institute proceedings against A on the grounds of unlawful competition? To whom should a member of the public, who feels that a certain advertisement is misleading, complain to? Discuss fully. Substantiate your answer by referring to applicable case law, legislation and the opinions of legal commentators. [20] The regulation of electronic communications in South Africa involves a dual legislative framework, primarily through the Independent Communications Authority of South Africa Act 13 of 2000 and the Electronic Communications Act 36 of 2005. With reference to this framework, critically evaluate the scope and challenges of ICASA's mandate in regulating electronic communications in the public interest. Your answer should specifically address: - The foundational principles guiding ICASA's regulatory authority, particularly "public interest," "fairness," and "diversity of views." - The distinct roles of the two primary Acts in establishing ICASA's powers (e.g., regulatory framework vs. licensing framework). - Specific duties of ICASA beyond licensing, such as spectrum management, consumer protection, and compliance enforcement. - Discuss the complexities ICASA faces in ensuring these objectives are met in a rapidly evolving digital communication landscape, considering both traditional broadcasting and emerging online platforms.X hears that the company, Atlas Pty Ltd, is in the process of destroying parts of a natural forest and bird sanctuary in order to drill for oil before the company has obtained authorisation for such activities. X is furious and places inciting, insulting placards all over town. As a member of the community and a keen environmentalist he organises a town meeting to get the community involved to take action to stop the company’s drilling for oil. After an inciting speech, he distributes pamphlets with the words: “This is war! Let’s take these roughnecks down! Let’s break into their site and take apart their drilling machines! Let’s burn the place down! We will destroy everything and everyone like they are destroying our environment! No oil driller is getting out of here alive! This is our fight for our planet and our children’s heritage!” X is arrested when the police get hold of the pamphlets. X relies on his constitutional right to freedom of speech “to say it like he sees it!”. Discuss whether the right to freedom of speech is an absolute right and indicate whether X’s statements will enjoy the protection of the right to freedom of expression. Discuss fully and critically. Substantiate your answer by referring to applicable case law, legislation and the opinions of legal commentators. [20] The regulation of electronic communications in South Africa involves a dual legislative framework, primarily through the Independent Communications Authority of South Africa Act 13 of 2000 and the Electronic Communications Act 36 of 2005. With reference to this framework, critically evaluate the scope and challenges of ICASA's mandate in regulating electronic communications in the public interest. Your answer should specifically address: - The foundational principles guiding ICASA's regulatory authority, particularly "public interest," "fairness," and "diversity of views." - The distinct roles of the two primary Acts in establishing ICASA's powers (e.g., regulatory framework vs. licensing framework). - Specific duties of ICASA beyond licensing, such as spectrum management, consumer protection, and compliance enforcement. - Discuss the complexities ICASA faces in ensuring these objectives are met in a rapidly evolving digital communication landscape, considering both traditional broadcasting and emerging online platforms.Section 32 of the Constitution of 1996 makes provision for a right of access to information. In order to provide for the practical implementation of this right, the Promotion of Access to Information Act 2 of 2000 was promulgated. Provide the following information requested below, with regard to this piece of legislation: (a) Name the various bodies from whom information can be requested. (2) (b) State TWO (2) of the responsibilities that have immediately been placed on these bodies in terms of the legislation, even before a request for information has been received. (2) (c) State FIVE (4) grounds on which access to information may be refused by the various bodies. (4) The Protection of Personal Information Act 4 of 2013 regulates the processing of personal information of data subjects (individuals). Name the different categories of information that are included in the definition of personal information in the Act and give an example of each category. Critically discuss the broadcasting of criminal trial proceedings with reference to the case of Van Breda v Media 24 Limited and Others; National Director of Public Prosecutions v Media 24 Limited and others 3 All SA 622 (SCA); 2017 (2) SACR 491 (SCA) (21 June 2017). In your discussion you should refer to the following aspects: (a) the facts (very briefly) (b) the conflicting fundamental rights at issue here (c) whether a witness can object to his or her testimony being broadcast and what a court should take into consideration when deciding on such an application X, who works at The Evening Post Newspaper, is given an assignment to write an article on a pending high profile criminal case. X consults you as her legal advisor for advice on the concept of contempt of court which takes the form of prejudging a case which is pending (sub iudice). Advise her in detail on this form of contempt of court as it applies to criminal cases by referring to (a) the definition of contempt of court; and (5) (b) contempt ex facie curiae (outside court) with reference to pending judicial proceedings. (10) Discuss the content and ambit of the right to freedom of speech as guaranteed in section 16 of the Constitution of the Republic of South Africa. Indicate what is included in the right and what is excluded. Do not merely quote section 16 verbatim, but explain in detail the meaning of the various terms used in the provision. ABC, a manufacturer of washing powder, publishes false information relating to the washing powder of his competitor, XYZ. Due to these false allegations, XYZ suffers a loss of R100 000. XYZ approaches you as his legal advisor. Name the elements which must be present to constitute the delict of false disparagement of goods and services, and give an example from case law. "Access to information is fundamental to the realisation of the rights guaranteed in the Bill of Rights. For example, access to information is crucial to the right to freedom of expression which includes freedom of the press and other media and freedom to receive or impart information or ideas." (Ngobo J in Brümmer v Minister for Social Development and Others). - Critically analyse the profound statement by Ngobo J, using Brümmer v Minister for Social Development and Others as a central point of reference. In your analysis, discuss: - How the Promotion of Access to Information Act 2 of 2000 (PAIA) serves as a legislative mechanism to give effect to the constitutional right to access information. - The specific constitutional challenges identified in Brümmer regarding PAIA and their implications for individuals seeking information. - The essential role of the media in a democratic society, as articulated in Brümmer and other relevant jurisprudence, and how access to information underpins this role. - The inherent tension, if any, between the right to access information and other fundamental rights or state interests in the context of media reporting. A takes her daughter, B, to hospital for a medical procedure. While in hospital, and at a stage when she is unconscious, B falls from a trolley and is severely injured. A is sure that these injuries were caused by the negligence of the hospital staff. However, before she can institute proceedings against the hospital to claim damages, she needs more information. She consults you, her attorney, in this regard. Advise her by referring to the following possible methods that can be used to obtain information: (1) An application to the Constitutional Court while relying on section 32 of the Constitution (2) A subpoena served on the hospital superintendent to answer questions in terms of section 205 of the Criminal Procedure Act 51 of 1977 (3) Connecting a monitoring device to the hospital’s telephone and computer networks (assume that this is a practical possibility) (4) Using the Promotion of Access to Information Act 2 of 2000 Compare these four possibilities with regard to their appropriateness in the given circumstances and then advise your client as to the best procedure to follow. If you are of the opinion that none of these alternatives would be suitable, recommend another solution. Discuss fully. Substantiate your answer by referring to applicable case law, legislation and the opinions of legal commentators. [20] QUESTION 2 A, a manufacturer of smartwatches (a smartwatch is a digital, touchscreen, wearable computer in the form of a wristwatch), finds out that a competitor, B, plans to market a new type of smartwatch which, according to market research that has been done, will be very popular. Without B’s permission, A obtains information regarding B’s smartwatch as well as the copies of advertising material that has been prepared for the marketing project. A now manufactures a new smartwatch and markets it in a way similar to the one B had in mind. As a result, B finds it difficult to get his smartwatch sold. Can B institute proceedings against A on the grounds of unlawful competition? To whom should a member of the public, who feels that a certain advertisement is misleading, complain to? Discuss fully. Substantiate your answer by referring to applicable case law, legislation and the opinions of legal commentators. [20] The regulation of electronic communications in South Africa involves a dual legislative framework, primarily through the Independent Communications Authority of South Africa Act 13 of 2000 and the Electronic Communications Act 36 of 2005. With reference to this framework, critically evaluate the scope and challenges of ICASA's mandate in regulating electronic communications in the public interest. Your answer should specifically address: - The foundational principles guiding ICASA's regulatory authority, particularly "public interest," "fairness," and "diversity of views." - The distinct roles of the two primary Acts in establishing ICASA's powers (e.g., regulatory framework vs. licensing framework). - Specific duties of ICASA beyond licensing, such as spectrum management, consumer protection, and compliance enforcement. - Discuss the complexities ICASA faces in ensuring these objectives are met in a rapidly evolving digital communication landscape, considering both traditional broadcasting and emerging online platforms.X hears that the company, Atlas Pty Ltd, is in the process of destroying parts of a natural forest and bird sanctuary in order to drill for oil before the company has obtained authorisation for such activities. X is furious and places inciting, insulting placards all over town. As a member of the community and a keen environmentalist he organises a town meeting to get the community involved to take action to stop the company’s drilling for oil. After an inciting speech, he distributes pamphlets with the words: “This is war! Let’s take these roughnecks down! Let’s break into their site and take apart their drilling machines! Let’s burn the place down! We will destroy everything and everyone like they are destroying our environment! No oil driller is getting out of here alive! This is our fight for our planet and our children’s heritage!” X is arrested when the police get hold of the pamphlets. X relies on his constitutional right to freedom of speech “to say it like he sees it!”. Discuss whether the right to freedom of speech is an absolute right and indicate whether X’s statements will enjoy the protection of the right to freedom of expression. Discuss fully and critically. Substantiate your answer by referring to applicable case law, legislation and the opinions of legal commentators. [20] Section 32 of the Constitution of 1996 makes provision for a right of access to information. In order to provide for the practical implementation of this right, the Promotion of Access to Information Act 2 of 2000 was promulgated. Provide the following information requested below, with regard to this piece of legislation: (a) Name the various bodies from whom information can be requested. (2) (b) State TWO (2) of the responsibilities that have immediately been placed on these bodies in terms of the legislation, even before a request for information has been received. (2) Analyse the concept of censorship by applying its various forms to the following contemporary scenarios in South Africa. For each scenario, identify the specific type(s) of censorship at play and explain the characteristics that define it within that context. Discuss the legal and ethical implications of each scenario. (a) The "Public Health Blackout" Following a severe public health crisis, the National Department of Health issues a directive to all major news broadcasters and online media outlets, requesting a complete moratorium on reporting any negative statistics or critical commentary related to the government's response, citing "national stability" as the reason. While no direct legal penalty is immediately threatened for non-compliance, the directive is accompanied by strong public statements from government officials about the importance of "responsible journalism" during a crisis. (b) The Industry Code of Conduct The Association of Online Content Creators (AOCC), a self-regulatory body representing major South African digital content producers, publishes a new "Code of Conduct for Responsible Online Content." This code, which its members voluntarily agree to abide by, includes strict guidelines on avoiding hate speech, promoting diversity, and ensuring factual accuracy in all online publications. Members who violate the code face internal sanctions, including expulsion from the association and public shaming. (c) The Streaming Service's Age-Gating A new international streaming service, "StreamZA," launches in South Africa. As part of its terms of service and in compliance with local regulations, StreamZA implements a robust age-gating system that requires users to verify their age before accessing certain categories of content (e.g., mature themes, violence, nudity). Content that is deemed "undesirable" or "harmful to minors" by South African law is automatically restricted to adult viewers, and in some extreme cases, entirely removed from the South African catalogue.(c) State FIVE (4) grounds on which access to information may be refused by the various bodies. (4) The Protection of Personal Information Act 4 of 2013 regulates the processing of personal information of data subjects (individuals). Name the different categories of information that are included in the definition of personal information in the Act and give an example of each category. Critically discuss the broadcasting of criminal trial proceedings with reference to the case of Van Breda v Media 24 Limited and Others; National Director of Public Prosecutions v Media 24 Limited and others 3 All SA 622 (SCA); 2017 (2) SACR 491 (SCA) (21 June 2017). In your discussion you should refer to the following aspects: (a) the facts (very briefly) (b) the conflicting fundamental rights at issue here (c) whether a witness can object to his or her testimony being broadcast and what a court should take into consideration when deciding on such an application X, who works at The Evening Post Newspaper, is given an assignment to write an article on a pending high profile criminal case. X consults you as her legal advisor for advice on the concept of contempt of court which takes the form of prejudging a case which is pending (sub iudice). Advise her in detail on this form of contempt of court as it applies to criminal cases by referring to (a) the definition of contempt of court; and (5) (b) contempt ex facie curiae (outside court) with reference to pending judicial proceedings. (10) Discuss the content and ambit of the right to freedom of speech as guaranteed in section 16 of the Constitution of the Republic of South Africa. Indicate what is included in the right and what is excluded. Do not merely quote section 16 verbatim, but explain in detail the meaning of the various terms used in the provision. ABC, a manufacturer of washing powder, publishes false information relating to the washing powder of his competitor, XYZ. Due to these false allegations, XYZ suffers a loss of R100 000. XYZ approaches you as his legal advisor. Name the elements which must be present to constitute the delict of false disparagement of goods and services, and give an example from case law. "Access to information is fundamental to the realisation of the rights guaranteed in the Bill of Rights. For example, access to information is crucial to the right to freedom of expression which includes freedom of the press and other media and freedom to receive or impart information or ideas." (Ngobo J in Brümmer v Minister for Social Development and Others). - Critically analyse the profound statement by Ngobo J, using Brümmer v Minister for Social Development and Others as a central point of reference. In your analysis, discuss: - How the Promotion of Access to Information Act 2 of 2000 (PAIA) serves as a legislative mechanism to give effect to the constitutional right to access information. - The specific constitutional challenges identified in Brümmer regarding PAIA and their implications for individuals seeking information. - The essential role of the media in a democratic society, as articulated in Brümmer and other relevant jurisprudence, and how access to information underpins this role. - The inherent tension, if any, between the right to access information and other fundamental rights or state interests in the context of media reporting. A takes her daughter, B, to hospital for a medical procedure. While in hospital, and at a stage when she is unconscious, B falls from a trolley and is severely injured. A is sure that these injuries were caused by the negligence of the hospital staff. However, before she can institute proceedings against the hospital to claim damages, she needs more information. She consults you, her attorney, in this regard. Advise her by referring to the following possible methods that can be used to obtain information: (1) An application to the Constitutional Court while relying on section 32 of the Constitution (2) A subpoena served on the hospital superintendent to answer questions in terms of section 205 of the Criminal Procedure Act 51 of 1977 (3) Connecting a monitoring device to the hospital’s