LCR4803 Assignment 1
(COMPLETE ANSWERS)
Semester 2 2025 - DUE
August 2025
NO PLAGIARISM
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,Exam (elaborations)
LCR4803 Assignment 1 (COMPLETE
ANSWERS) Semester 2 2025 - DUE August
2025
Course
Media Law (LCR4803)
Institution
University Of South Africa (Unisa)
Book
Media Law in South Africa
LCR4803 Assignment 1 (COMPLETE ANSWERS) Semester 2 2025 - DUE
August 2025; 100% TRUSTED Complete, trusted solutions and explanations.
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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.
In this response, we'll delve into several aspects of South African law related to information,
privacy, and freedom of speech. We'll start with the Promotion of Access to Information Act
(PAIA), move on to the Protection of Personal Information Act (POPIA), and then discuss
the broadcasting of criminal trials, contempt of court, and the right to freedom of speech. Finally,
we'll examine the delict of false disparagement of goods and services.
Promotion of Access to Information Act 2 of 2000 (PAIA)
(a) Bodies from whom information can be requested
Under PAIA, information can be requested from two main types of bodies:
Public bodies: These include government departments at all levels (national, provincial,
local), as well as any other institution that exercises a public power or performs a public
function.
Private bodies: This category is much broader and includes any company, business, or
juristic person, regardless of whether it's a sole proprietorship, partnership, or close
corporation.
(b) Immediate responsibilities of these bodies
Even before receiving a request, these bodies have to meet certain obligations:
Designating an information officer: Every public and private body must appoint an
information officer who is responsible for handling all requests for information and
ensuring compliance with the Act.
Compiling a manual: These bodies must create and publish a manual that outlines their
structure, functions, and the types of records they hold. This manual should also explain
the process for requesting information.