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LCR4803 Assignment 2
(COMPLETE ANSWERS)
Semester 2 2025 - DUE
September 2025
NO PLAGIARISM
[Pick the date]
[Type the abstract of the document here. The abstract is typically a short summary of the contents of
the document. Type the abstract of the document here. The abstract is typically a short summary of
the contents of the document.]
,Exam (elaborations)
LCR4803 Assignment 2 (COMPLETE
ANSWERS) Semester 2 2025 - DUE
September 2025
Course
Media Law (LCR4803)
Institution
University Of South Africa (Unisa)
Book
Media Law in South Africa
LCR4803 Assignment 2 (COMPLETE ANSWERS) Semester 2 2025 - DUE
September 2025; 100% TRUSTED Complete, trusted solutions and
explanations. Ensure your success with us....
Write brief notes on the following: (a) The provisions of section 14 of the
Constitution which guarantees the right to privacy. (5) (b) The factors
mentioned in National Media Ltd v Bogoshi 1998 (4) SA 1196 (SCA) that
should be taken into account when determining whether publication of false,
defamatory information in the press is nevertheless reasonable and
therefore not unlawful. (5) (c) Access to Children’s Court case records in
terms of the Promotion of Access to Information Act 2 of 2000. (5) (d)
Scanlon’s theory on freedom of speech. (5) (e) A priori censorship (also
called anticipatory control). Name an example of this kind of censorship. (5)
(f) 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) (g) The
obligations which section 107 of the Electoral Act 73 of 1998 places on a
publisher who publishes an election article in a newspaper. (5) (h) The
“refused classification” with regard to a film or game in terms of the Films
and Publications Act 65 of 1996. (5) (i) Comparative advertising by referring
to the case of Post Newspapers (Pty) Ltd v World Printing & Publishing Co Ltd
1970 (1) SA 454 (W). (5) 2.1 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)
,rief Notes on Legal Concepts
(a) The provisions of section 14 of the Constitution which guarantees the right to privacy.
Section 14 of the Constitution of the Republic of South Africa, 1996, explicitly guarantees
everyone the right to privacy. This right includes protection from having their person or home
searched, their property seized, their possessions violated, or their communications intercepted.
It is a fundamental right that protects an individual's dignity and personal autonomy from state
and private intrusion.
(b) The factors mentioned in National Media Ltd v Bogoshi 1998 (4) SA 1196 (SCA).
In the landmark case of National Media Ltd v Bogoshi, the Supreme Court of Appeal held that
the publication of defamatory information is not unlawful if the publication was reasonable. The
court provided factors to determine this, including:
The nature of the defamatory statement.
The nature of the information published.
The public interest in the information.
The time and context of the publication.
The steps taken to verify the truth of the information.
The tone of the publication.
The source of the information.
(c) Access to Children’s Court case records in terms of the Promotion of Access to
Information Act 2 of 2000.
The Promotion of Access to Information Act (PAIA) generally provides a right of access to
any record of a public or private body. However, access to Children's Court records is typically
prohibited or restricted. Section 49(1) of the Child Justice Act 75 of 2008 and other legislation
stipulate that information from these proceedings can only be made public under strict, specific
circumstances, usually by an order of the court and in the interests of the child. This is to protect
the identity and well-being of the children involved.
(d) Scanlon’s theory on freedom of speech.
, T.M. Scanlon's theory of free speech, as articulated in his work "A Theory of Freedom of
Expression," argues that the value of free speech does not lie in its ability to contribute to the
discovery of truth (a common argument), but rather in the respect for individual autonomy. He
posits that a government cannot justify restricting speech on the grounds that listeners would be
convinced to act wrongly. A person's beliefs and actions should be the result of their own
rational choice, not manipulation or coercion, and speech restrictions undermine this autonomy.
(e) A priori censorship (also called anticipatory control). Name an example of this kind of
censorship.
A priori censorship is the act of controlling or suppressing information before it is published or
disseminated. It is also known as prior restraint. This is a very restrictive form of censorship as it
prevents the information from ever reaching the public. An example of this is when a
government agency requires a newspaper to submit an article for official approval before it can
be printed, or if a film or book needs to be cleared by a state body before it can be distributed.
(f) 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.
The Regulation of Interception of Communications and Provision of Communication-
Related Information Act (RICA) strictly regulates the interception of communications. A judge
may only issue a direction to intercept postal articles if they are satisfied, on the basis of a sworn
affidavit, that there are reasonable grounds to believe that:
1. A serious offence has been or is being or will probably be committed.
2. The interception will in all likelihood provide information about the commission of the
offence or the identity of the person who committed it.
(g) The obligations which section 107 of the Electoral Act 73 of 1998 places on a publisher
who publishes an election article in a newspaper.
Section 107 of the Electoral Act places a clear obligation on a publisher who publishes an
election-related article in a newspaper. The section requires the publisher to print the name and
address of the author of the article. This is a measure to ensure transparency and accountability
during elections, allowing readers to know who is responsible for the content they are
consuming.
LCR4803 Assignment 2
(COMPLETE ANSWERS)
Semester 2 2025 - DUE
September 2025
NO PLAGIARISM
[Pick the date]
[Type the abstract of the document here. The abstract is typically a short summary of the contents of
the document. Type the abstract of the document here. The abstract is typically a short summary of
the contents of the document.]
,Exam (elaborations)
LCR4803 Assignment 2 (COMPLETE
ANSWERS) Semester 2 2025 - DUE
September 2025
Course
Media Law (LCR4803)
Institution
University Of South Africa (Unisa)
Book
Media Law in South Africa
LCR4803 Assignment 2 (COMPLETE ANSWERS) Semester 2 2025 - DUE
September 2025; 100% TRUSTED Complete, trusted solutions and
explanations. Ensure your success with us....
Write brief notes on the following: (a) The provisions of section 14 of the
Constitution which guarantees the right to privacy. (5) (b) The factors
mentioned in National Media Ltd v Bogoshi 1998 (4) SA 1196 (SCA) that
should be taken into account when determining whether publication of false,
defamatory information in the press is nevertheless reasonable and
therefore not unlawful. (5) (c) Access to Children’s Court case records in
terms of the Promotion of Access to Information Act 2 of 2000. (5) (d)
Scanlon’s theory on freedom of speech. (5) (e) A priori censorship (also
called anticipatory control). Name an example of this kind of censorship. (5)
(f) 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) (g) The
obligations which section 107 of the Electoral Act 73 of 1998 places on a
publisher who publishes an election article in a newspaper. (5) (h) The
“refused classification” with regard to a film or game in terms of the Films
and Publications Act 65 of 1996. (5) (i) Comparative advertising by referring
to the case of Post Newspapers (Pty) Ltd v World Printing & Publishing Co Ltd
1970 (1) SA 454 (W). (5) 2.1 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)
,rief Notes on Legal Concepts
(a) The provisions of section 14 of the Constitution which guarantees the right to privacy.
Section 14 of the Constitution of the Republic of South Africa, 1996, explicitly guarantees
everyone the right to privacy. This right includes protection from having their person or home
searched, their property seized, their possessions violated, or their communications intercepted.
It is a fundamental right that protects an individual's dignity and personal autonomy from state
and private intrusion.
(b) The factors mentioned in National Media Ltd v Bogoshi 1998 (4) SA 1196 (SCA).
In the landmark case of National Media Ltd v Bogoshi, the Supreme Court of Appeal held that
the publication of defamatory information is not unlawful if the publication was reasonable. The
court provided factors to determine this, including:
The nature of the defamatory statement.
The nature of the information published.
The public interest in the information.
The time and context of the publication.
The steps taken to verify the truth of the information.
The tone of the publication.
The source of the information.
(c) Access to Children’s Court case records in terms of the Promotion of Access to
Information Act 2 of 2000.
The Promotion of Access to Information Act (PAIA) generally provides a right of access to
any record of a public or private body. However, access to Children's Court records is typically
prohibited or restricted. Section 49(1) of the Child Justice Act 75 of 2008 and other legislation
stipulate that information from these proceedings can only be made public under strict, specific
circumstances, usually by an order of the court and in the interests of the child. This is to protect
the identity and well-being of the children involved.
(d) Scanlon’s theory on freedom of speech.
, T.M. Scanlon's theory of free speech, as articulated in his work "A Theory of Freedom of
Expression," argues that the value of free speech does not lie in its ability to contribute to the
discovery of truth (a common argument), but rather in the respect for individual autonomy. He
posits that a government cannot justify restricting speech on the grounds that listeners would be
convinced to act wrongly. A person's beliefs and actions should be the result of their own
rational choice, not manipulation or coercion, and speech restrictions undermine this autonomy.
(e) A priori censorship (also called anticipatory control). Name an example of this kind of
censorship.
A priori censorship is the act of controlling or suppressing information before it is published or
disseminated. It is also known as prior restraint. This is a very restrictive form of censorship as it
prevents the information from ever reaching the public. An example of this is when a
government agency requires a newspaper to submit an article for official approval before it can
be printed, or if a film or book needs to be cleared by a state body before it can be distributed.
(f) 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.
The Regulation of Interception of Communications and Provision of Communication-
Related Information Act (RICA) strictly regulates the interception of communications. A judge
may only issue a direction to intercept postal articles if they are satisfied, on the basis of a sworn
affidavit, that there are reasonable grounds to believe that:
1. A serious offence has been or is being or will probably be committed.
2. The interception will in all likelihood provide information about the commission of the
offence or the identity of the person who committed it.
(g) The obligations which section 107 of the Electoral Act 73 of 1998 places on a publisher
who publishes an election article in a newspaper.
Section 107 of the Electoral Act places a clear obligation on a publisher who publishes an
election-related article in a newspaper. The section requires the publisher to print the name and
address of the author of the article. This is a measure to ensure transparency and accountability
during elections, allowing readers to know who is responsible for the content they are
consuming.
