LCR4803 PORTFOLIO MEMO - SEMESTER 2 - 2022 - UNISA - OCT./NOV. 2022 ( DETAILED MEMO WITH FOOTNOTES AND A BIBLIOGRAPHY)

LCR4803 PORTFOLIO MEMO - SEMESTER 2 - 2022 - UNISA - OCT./NOV. 2022 ( DETAILED MEMO WITH FOOTNOTES AND A BIBLIOGRAPHY) QUESTION 1 Write brief notes on any SIX (6) of 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) 6x(5) = (30) [30] QUESTION 2 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) 2.2 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. (15) 2.3 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. (5) [30] QUESTION 3 3.1 X invites Y to watch a film at his house. The film is the long-awaited sequel to an earlier blockbuster film and not yet available in South Africa. However, the book on which the movie is based, is available in bookshops. It transpires that the film contains scenes of explicit sexual conduct which are violent and degrading, as well as the infliction of extreme violence which constitutes incitement to harm. (a) When will the bookshop be obliged to submit the book for classification? (2) (b) Explain the procedure which the classification committee follows once a decision has been reached with regard to the classification of a publication. (5) (c) Which classification applies to the film in terms of the Films and Publications Act 65 of 1996? (1) (d) Which information should the cover and packaging of the film display in view of the classification which will apply in terms of (c)? (2) (e) What will the position be if X has screened the film without having submitted it for classification? (2)(12) 3.2 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) (8) [20] QUESTION 4 NOTE THE CHOICE YOU HAVE IN THIS QUESTION (Please note that you have a CHOICE between Question 4.1 and Question 4.2 In other words, you can do either Question 4.1 OR 4.2 Please don’t do both.) 4.1 Discuss the definition of a newspaper as defined by our courts. (8) OR 4.2 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. (8) 4.3 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 (12) [20] TOTAL: [100]