100%
CML1501
EXAM PACK
DISTINCTION QUALITY
UNISA EXAM
, CML1501 – Communication Law | May/June 2026 Examination
UNIVERSITY OF SOUTH AFRICA
COLLEGE OF LAW
DEPARTMENT OF MERCANTILE LAW
TAKE-HOME EXAMINATION ANSWER SCRIPT
CML1501
Communication Law
MEMORANDUM 2026
May/June 2026
Student Name: [Insert Full Name]
Student Number: [Insert Student Number]
Module Code: CML1501
Examination Date: 27 May 2026
Total Marks: 100
Declaration of Own Work
I hereby declare that this examination answer script is my own original work and that I have not
used Artificial Intelligence software (e.g. ChatGPT) or copied from any published works or online
sources other than the prescribed course material. I have read and understand the University’s
Policy on Copyright Infringement and Plagiarism and the Student Disciplinary Code.
Signature: ________________________ Date: ________________
Page 1 of 12
, CML1501 – Communication Law | May/June 2026 Examination
SECTION A
Indicate whether each statement is TRUE or FALSE and briefly explain your
answer. (If a composite statement is partly correct and partly incorrect, the whole
statement is incorrect.)
(a) Article 9 of the African Charter on Human and Peoples’ Rights (5
marks)
FALSE.
Article 9 of the African Charter on Human and Peoples’ Rights provides that every
individual shall have the right to receive information and that every individual shall
have the right to express and disseminate his opinions within the law. The
statement is incorrect in two material respects: it refers to “some individual”
instead of “every individual”, and it states that opinions may be expressed and
disseminated “outside the law” instead of “within the law”. Because the statement
is partly incorrect, the whole statement is false.
(b) State censorship (5 marks)
FALSE.
State censorship forms part of the criminal-law system and is an extension of
social censorship (not autonomous censorship). The rules formulated by the
community to determine what may or may not be said freely may be incorporated
into rules enforced by the state, the courts and similar institutions. The statement
incorrectly describes state censorship as part of the civil-law system and as an
extension of autonomous censorship, and it wrongly asserts that community rules
“may not” be incorporated into state-enforced rules. The whole statement is
therefore false.
(c) Freedom of speech / expression and section 16 (5 marks)
TRUE.
Freedom of speech or expression is widely acknowledged as one of the most
fundamental rights in a democratic society. Section 16 of the Constitution of the
Republic of South Africa, 1996, is the freedom of expression clause. It protects
freedom of the press and other media, the freedom to receive or impart
Page 2 of 12
, CML1501 – Communication Law | May/June 2026 Examination
information or ideas, artistic creativity, and academic freedom and freedom of
scientific research, subject to the internal limitations in section 16(2).
(d) Section 9(3) and (4) – equality and discrimination (5 marks)
FALSE.
Section 9(3) and (4) of the Constitution prohibit unfair discrimination (not “fair
discrimination”) against anyone, whether directly or indirectly, on the listed
grounds of race, gender, sex, pregnancy, marital status, ethnic or social origin,
colour, sexual orientation, age, disability, religion, conscience, belief, culture,
language and birth. The statement incorrectly asserts that the section “does not
prohibit fair discrimination” and lists several incorrect or distorted grounds (e.g.
“coloured race”, “males”, “young people”, “abled people”, “Isizulu language”).
Because the statement is substantially inaccurate, it is false.
(e) Court discretion regarding witnesses (5 marks)
FALSE.
A court does have a discretion, in appropriate circumstances (including where a
witness may suffer harm or danger, for example state witnesses), to direct that a
witness may testify in private or in camera; that only persons whose presence is
necessary or authorised by the court may be present; or that the identity of a
witness may not be revealed. The statement asserts that the court “does not have
any discretion” in these respects and is therefore false.
(f) Contempt of court (5 marks)
FALSE.
Contempt of court is the unlawful and intentional violation of the dignity, repute or
authority of a judicial officer in his or her judicial capacity or of a judicial body, or
the unlawful and intentional interference with the administration of justice in a
matter pending before a judicial body. The statement incorrectly describes the
conduct as “lawful” instead of “unlawful”. The definition in the study material
emphasises unlawfulness as an essential element. The whole statement is
therefore false.
SECTION B
Page 3 of 12
CML1501
EXAM PACK
DISTINCTION QUALITY
UNISA EXAM
, CML1501 – Communication Law | May/June 2026 Examination
UNIVERSITY OF SOUTH AFRICA
COLLEGE OF LAW
DEPARTMENT OF MERCANTILE LAW
TAKE-HOME EXAMINATION ANSWER SCRIPT
CML1501
Communication Law
MEMORANDUM 2026
May/June 2026
Student Name: [Insert Full Name]
Student Number: [Insert Student Number]
Module Code: CML1501
Examination Date: 27 May 2026
Total Marks: 100
Declaration of Own Work
I hereby declare that this examination answer script is my own original work and that I have not
used Artificial Intelligence software (e.g. ChatGPT) or copied from any published works or online
sources other than the prescribed course material. I have read and understand the University’s
Policy on Copyright Infringement and Plagiarism and the Student Disciplinary Code.
Signature: ________________________ Date: ________________
Page 1 of 12
, CML1501 – Communication Law | May/June 2026 Examination
SECTION A
Indicate whether each statement is TRUE or FALSE and briefly explain your
answer. (If a composite statement is partly correct and partly incorrect, the whole
statement is incorrect.)
(a) Article 9 of the African Charter on Human and Peoples’ Rights (5
marks)
FALSE.
Article 9 of the African Charter on Human and Peoples’ Rights provides that every
individual shall have the right to receive information and that every individual shall
have the right to express and disseminate his opinions within the law. The
statement is incorrect in two material respects: it refers to “some individual”
instead of “every individual”, and it states that opinions may be expressed and
disseminated “outside the law” instead of “within the law”. Because the statement
is partly incorrect, the whole statement is false.
(b) State censorship (5 marks)
FALSE.
State censorship forms part of the criminal-law system and is an extension of
social censorship (not autonomous censorship). The rules formulated by the
community to determine what may or may not be said freely may be incorporated
into rules enforced by the state, the courts and similar institutions. The statement
incorrectly describes state censorship as part of the civil-law system and as an
extension of autonomous censorship, and it wrongly asserts that community rules
“may not” be incorporated into state-enforced rules. The whole statement is
therefore false.
(c) Freedom of speech / expression and section 16 (5 marks)
TRUE.
Freedom of speech or expression is widely acknowledged as one of the most
fundamental rights in a democratic society. Section 16 of the Constitution of the
Republic of South Africa, 1996, is the freedom of expression clause. It protects
freedom of the press and other media, the freedom to receive or impart
Page 2 of 12
, CML1501 – Communication Law | May/June 2026 Examination
information or ideas, artistic creativity, and academic freedom and freedom of
scientific research, subject to the internal limitations in section 16(2).
(d) Section 9(3) and (4) – equality and discrimination (5 marks)
FALSE.
Section 9(3) and (4) of the Constitution prohibit unfair discrimination (not “fair
discrimination”) against anyone, whether directly or indirectly, on the listed
grounds of race, gender, sex, pregnancy, marital status, ethnic or social origin,
colour, sexual orientation, age, disability, religion, conscience, belief, culture,
language and birth. The statement incorrectly asserts that the section “does not
prohibit fair discrimination” and lists several incorrect or distorted grounds (e.g.
“coloured race”, “males”, “young people”, “abled people”, “Isizulu language”).
Because the statement is substantially inaccurate, it is false.
(e) Court discretion regarding witnesses (5 marks)
FALSE.
A court does have a discretion, in appropriate circumstances (including where a
witness may suffer harm or danger, for example state witnesses), to direct that a
witness may testify in private or in camera; that only persons whose presence is
necessary or authorised by the court may be present; or that the identity of a
witness may not be revealed. The statement asserts that the court “does not have
any discretion” in these respects and is therefore false.
(f) Contempt of court (5 marks)
FALSE.
Contempt of court is the unlawful and intentional violation of the dignity, repute or
authority of a judicial officer in his or her judicial capacity or of a judicial body, or
the unlawful and intentional interference with the administration of justice in a
matter pending before a judicial body. The statement incorrectly describes the
conduct as “lawful” instead of “unlawful”. The definition in the study material
emphasises unlawfulness as an essential element. The whole statement is
therefore false.
SECTION B
Page 3 of 12
