CML1501
EXAM PACK
, lOMoARcPSD|21997160
6 CML1501
May/June 2024
SECTION A
Please indicate whether the statement is true or false, and briefly explain your answer. Also bear
in mind that if a composite statement is partly correct and partly incorrect, the WHOLE
STATEMENT is incorrect.
Question 1
(a) Where a judge or magistrate has ordered a closed trial, this order for a closed trial is not
automatically extended to an appeal against the decision of the trial court. (2)
(b) The complainant is the person who originally laid the charge with the police. (2)
(c) The fact that a trial is held in camera does not affect the accused's right to have legal
representation or to hear all evidence against him or her. (2)
Question 2
(a) The Constitutional Court is the highest court in all constitutional matters. (2)
(b) The Constitutional Court exists independently of the other courts. (2)
(c) The Constitutional court has the jurisdiction to act as both a trial court as well as an
appellate court (2)
Question 3
(a) “Extrajudicial proceedings” include all proceedings not connected with courts of law. (2)
(b) Commissions of enquiry are appointed by the Director of Public Prosecutions to investigate
matters of public concern. (2)
(c) Fair, moderate and legitimate criticism of the outcome of a case, of a judge or magistrate
or of the administration of justice in general does not amount to contempt of court. (2)
[18]
, lOMoARcPSD|21997160
7 CML1501
May/June 2024
SECTION B
Please note that in section B you have a choice between questions 1 and 2. Choose either
question 1 or question 2 but do not answer both questions 1 and 2. Please note that
questions 3-7 are compulsory. This section consists of seven (7) questions.
QUESTION 1 (Regulation of the media and new media technology)
Please note that you have a choice between this question and question 2 below. Do not
answer both questions.
1.1 Write brief notes on THREE of the following:
(a) The various types of licences available for broadcasting purposes. (3)
(b) Possible crimes that can be committed in respect of information on a computer network.
(3)
(c) The liability of an employer should he/she read an employee's e-mail. (3)
(d) The sanctions that can be imposed by the Independent Communications Authority of
South Africa (ICASA) if a licensee has contravened the Electronic Communications Act
36 of 2005 or the conditions of his/her licence. (3)
1.2 List the fields of broadcasting and telecommunication which are regulated by means
of statutes. (3)
[15]
QUESTION 2 (Court reporting and copyright)
(Students must choose between this question and question 1 above)
2.1 X is an art teacher at a certain school. X is also a qualified person for the purposes of the
Copyright Act 98 of 1978. He paints a poster to advertise an art exhibition of the school. In
a handbook on the history of art, X finds a photograph of the well-known Mona Lisa portrait
painted by Leonardo da Vinci in the 16th century. He makes a colour photostat copy of this
painting and uses it on his poster.
Answer the following questions and give a reason for your answer in each case.
(a) Who is the owner of the copyright in the Mona Lisa-painting? (1)
(b) Who is the owner of the copyright in the advertising poster? (1)
(c) In his private time X writes a script for a documentary film dealing with various painting
techniques. Who is the owner of the copyright in the script? (1)
(d) X instructs Y to make a film using the script and against payment of an agreed fee.
Who is the owner of the copyright in the film? (1)
(e) Z translates the script into German without obtaining X’s permission. Who is the owner
of the copyright in the translated script? (1)
, lOMoARcPSD|21997160
8 CML1501
May/June 2024
2.2 Some books have a © symbol on one of the first pages.
(a) What is the meaning of this symbol? (2)
(b) What information is usually provided with this symbol? (2)
2.3 Contempt of court consists in the unlawful and intentional violation of the dignity, reputation or
authority of a judicial officer or a judicial body. What do the following terms mean?
(i) Judicial officer (2)
(ii) Judicial body (2)
[13]
QUESTION 3 (Information and various statutes)
(This question must be answered by all students)
3.1 Explain the procedure that has been created by section 205 of the Criminal Procedure Act
51 of 1977 to force a journalist to reveal his sources of information. (10)
3.2 The following questions relate to the National Key Points Act 102 of 1980.
(a) When will a place be a “national key point”? (2)
(b) This Act prohibits the publication of information regarding incidents that occurred at
national key points. What is meant by the term “incident”? Explain briefly. (3)
[15]
QUESTION 4 (Defamation and invasion of privacy)
(This question must be answered by all students)
4.1 A newspaper publishes a report regarding a prisoner who has escaped from prison. The
photograph of a well-known actor is accidentally published next to the report, which creates
the impression that he is the escaped prisoner. The actor threatens to institute proceedings
for defamation and the newspaper publishes an apology in the next issue.
May the actor institute proceedings for defamation against the owner of the newspaper?
Discuss fully. (10)
4.2 Distinguish between the defences of “absolute privilege'' and “qualified privilege'' in so far as
each of them applies to defamation. (4)
[14]
EXAM PACK
, lOMoARcPSD|21997160
6 CML1501
May/June 2024
SECTION A
Please indicate whether the statement is true or false, and briefly explain your answer. Also bear
in mind that if a composite statement is partly correct and partly incorrect, the WHOLE
STATEMENT is incorrect.
Question 1
(a) Where a judge or magistrate has ordered a closed trial, this order for a closed trial is not
automatically extended to an appeal against the decision of the trial court. (2)
(b) The complainant is the person who originally laid the charge with the police. (2)
(c) The fact that a trial is held in camera does not affect the accused's right to have legal
representation or to hear all evidence against him or her. (2)
Question 2
(a) The Constitutional Court is the highest court in all constitutional matters. (2)
(b) The Constitutional Court exists independently of the other courts. (2)
(c) The Constitutional court has the jurisdiction to act as both a trial court as well as an
appellate court (2)
Question 3
(a) “Extrajudicial proceedings” include all proceedings not connected with courts of law. (2)
(b) Commissions of enquiry are appointed by the Director of Public Prosecutions to investigate
matters of public concern. (2)
(c) Fair, moderate and legitimate criticism of the outcome of a case, of a judge or magistrate
or of the administration of justice in general does not amount to contempt of court. (2)
[18]
, lOMoARcPSD|21997160
7 CML1501
May/June 2024
SECTION B
Please note that in section B you have a choice between questions 1 and 2. Choose either
question 1 or question 2 but do not answer both questions 1 and 2. Please note that
questions 3-7 are compulsory. This section consists of seven (7) questions.
QUESTION 1 (Regulation of the media and new media technology)
Please note that you have a choice between this question and question 2 below. Do not
answer both questions.
1.1 Write brief notes on THREE of the following:
(a) The various types of licences available for broadcasting purposes. (3)
(b) Possible crimes that can be committed in respect of information on a computer network.
(3)
(c) The liability of an employer should he/she read an employee's e-mail. (3)
(d) The sanctions that can be imposed by the Independent Communications Authority of
South Africa (ICASA) if a licensee has contravened the Electronic Communications Act
36 of 2005 or the conditions of his/her licence. (3)
1.2 List the fields of broadcasting and telecommunication which are regulated by means
of statutes. (3)
[15]
QUESTION 2 (Court reporting and copyright)
(Students must choose between this question and question 1 above)
2.1 X is an art teacher at a certain school. X is also a qualified person for the purposes of the
Copyright Act 98 of 1978. He paints a poster to advertise an art exhibition of the school. In
a handbook on the history of art, X finds a photograph of the well-known Mona Lisa portrait
painted by Leonardo da Vinci in the 16th century. He makes a colour photostat copy of this
painting and uses it on his poster.
Answer the following questions and give a reason for your answer in each case.
(a) Who is the owner of the copyright in the Mona Lisa-painting? (1)
(b) Who is the owner of the copyright in the advertising poster? (1)
(c) In his private time X writes a script for a documentary film dealing with various painting
techniques. Who is the owner of the copyright in the script? (1)
(d) X instructs Y to make a film using the script and against payment of an agreed fee.
Who is the owner of the copyright in the film? (1)
(e) Z translates the script into German without obtaining X’s permission. Who is the owner
of the copyright in the translated script? (1)
, lOMoARcPSD|21997160
8 CML1501
May/June 2024
2.2 Some books have a © symbol on one of the first pages.
(a) What is the meaning of this symbol? (2)
(b) What information is usually provided with this symbol? (2)
2.3 Contempt of court consists in the unlawful and intentional violation of the dignity, reputation or
authority of a judicial officer or a judicial body. What do the following terms mean?
(i) Judicial officer (2)
(ii) Judicial body (2)
[13]
QUESTION 3 (Information and various statutes)
(This question must be answered by all students)
3.1 Explain the procedure that has been created by section 205 of the Criminal Procedure Act
51 of 1977 to force a journalist to reveal his sources of information. (10)
3.2 The following questions relate to the National Key Points Act 102 of 1980.
(a) When will a place be a “national key point”? (2)
(b) This Act prohibits the publication of information regarding incidents that occurred at
national key points. What is meant by the term “incident”? Explain briefly. (3)
[15]
QUESTION 4 (Defamation and invasion of privacy)
(This question must be answered by all students)
4.1 A newspaper publishes a report regarding a prisoner who has escaped from prison. The
photograph of a well-known actor is accidentally published next to the report, which creates
the impression that he is the escaped prisoner. The actor threatens to institute proceedings
for defamation and the newspaper publishes an apology in the next issue.
May the actor institute proceedings for defamation against the owner of the newspaper?
Discuss fully. (10)
4.2 Distinguish between the defences of “absolute privilege'' and “qualified privilege'' in so far as
each of them applies to defamation. (4)
[14]
