LCR4803 PORTFOLIO MEMO - MAY/JUNE 2024 - SEMESTER 1 - UNISA - DUE DATE :- 15 MAY 2024 (DETAILED ANSWERS WITH FOOTNOTES AND BIBLIOGRAPHY - DISTINCTION GUARANTEED!)

LCR4803 PORTFOLIO MEMO - MAY/JUNE 2024 - SEMESTER 1 - UNISA - DUE DATE :- 15 MAY 2024 (DETAILED ANSWERS WITH FOOTNOTES AND BIBLIOGRAPHY - DISTINCTION GUARANTEED!) QUESTION 1 1.1 Write concise notes on any SIX (6) of the following: (a) Access to the children’s court case records in terms of the Promotion of Access to Information Act 2 of 2000. (5) (b) The definition of a newspaper as defined by our courts. (5) (c) The meaning of the term “requester” as used in the Promotion of Access to Information Act 2 of 2000. (5) (d) 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) (e) The various complaints which a Public Protector is competent to investigate. (5) (f) Distinguish between intra-textual and extra-textual limitation of rights. (5) (g) Distinguish between the Newspaper Association and the Press-Ombudsman. (5) (h) The specific requirements that should be present before a court of law will accept that the delict of passing off has indeed taken place. (Note: Do not give the delictual elements that apply to unlawful competition in general, but refer to the refined and more specific elements of passing off.) (5) 6x(5) = (30) [30] QUESTION 2 2.1 Section 16 of the Constitution of the Republic of South Africa protects freedom of speech and is therefore of vital importance to anyone who plans to pursue a career in the field of Media Law. Discuss the content and ambit of this section in detail. 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. (10) Confidential LCR4803 Page 6 of 7 May/June 2024 [TURN OVER] 2.2 In 1644 Milton developed his speech theory based on a quest for the truth. This was done to protest against the licensing of publications by the government of his day. Today, 360 years later, licensing still remains problematic, although freedom of speech has been acknowledged. (a) What is the situation in South Africa at present with regard to: (aa) the licensing of publications, especially of newspapers, and (bb) the licensing of broadcasting services? Explain in detail whether control is exercised over (aa) and (bb) above licensing. Indicate whether licensing is applicable, and if so, discuss the various aspects pertaining to licensing, for example, (i) the categories of licenses; (ii) the person or institution issuing the licenses; (iii) the person or institution to whom complaints regarding the services in the case of (aa) and (bb) should be directed. (b) Are there valid reasons why the above approach regarding licensing should be followed by the South African government? (10) [20] QUESTION 3 3.1 X files for divorce against her husband, Y, due to his intolerable adulterous behaviour. Y agrees to the divorce but contests the division of assets. Since both X and Y are well-known celebrities, Z, a free-lance journalist, writes an article about the couple’s divorce and submits it to a popular family magazine. The reasons for the divorce as well as the extent of Y’s hidden assets are meticulously listed. The Editor of the magazine refuses to publish the article. Explain to Z why the Editor might have refused to publish her article with reference to the applicable provisions of the Divorce Act 70 of 1979. (8) 3.2 Distinguish between a frequency band and a radio frequency band plan. (2) NOTE THE CHOICE YOU HAVE IN THIS QUESTION (Please note that you have a CHOICE between Question 3.3 and Question 3.4. In other words, you can answer either Question 3.3 OR 3.4. Please do not answer both.) 3.3 (a) The Films and Publications Act 65 of 1996 regulates publications by making provision for a system of classification. Name TWO possible classifications that can be given to publications and indicate briefly when a publication will be awarded each of these classifications. (5) (b) What is “virtual child pornography”? What is the legal position surrounding the issue of virtual child pornography? (5) Confidential LCR4803 Page 7 of 7 May/June 2024 [TURN OVER] OR 3.4 (a) Write notes on the rationale for the crime of contempt of court. (5) (b) Name and briefly explain the grounds of justification which can exclude the element of unlawfulness in the crime of contempt of court. (5) [20] QUESTION 4 (a) Discuss the legal position in terms of section 205 of the Criminal Procedure Act 51 of 1977 if a journalist who, when ordered by the court to do so, refuses to disclose the identity of his informer. Your answer should also discuss the question whether a journalist may rely on journalistic ethics to justify his refusal to disclose the identity of an informer. In your answer refer to applicable court cases where necessary. (14) (b) X a prisoner, is serving the last six months of her prison sentence. She was convicted for keeping a brothel. She knows that she has no financial prospects when she is released from prison. She contacts a journalist of a tabloid newspaper and offers to give her account of the circumstances which led to her conviction to the newspaper, in exchange for a large sum of money. The journalist writes the article and phones the National Commissioner to confirm certain facts before the article is published. (i) Which procedure should be followed in terms of section 123 of the Correctional Services Act 111 of 1998 before the article may be published? (4) (ii) What will the position be if the National Commissioner was not consulted beforehand and only becomes aware of the situation when he reads the article in the newspaper? (3) (c) Name the elements which must be present to constitute the crime of false disparagement of goods and services, and give an example from case law. (5) (d) Name four (4) grounds upon which the provision of records may be refused in terms of the Promotion of Access to Information Act 2 of 2000. (4) [30] TOTAL: [100]