ASSIGNMENT 2 SEMESTER 1 2025
UNIQUE NO.
DUE DATE: APRIL 2025
, LCR4803
Assignment 2 Semester 1 2025
Unique Number:
Due Date: April 2025
Media Law
(a) Legal Position of a Journalist Under Section 205 of the Criminal Procedure Act
51 of 1977
If a journalist refuses to reveal the identity of an informer when ordered by the court,
things can get complicated. Section 205 of the Criminal Procedure Act allows a court
to force someone, including a journalist, to testify or provide information that is
necessary for a criminal investigation. This means that if a journalist has crucial
information—like the identity of an informer—he or she can be legally compelled to
disclose it. If the journalist refuses, they could face legal consequences, such as
contempt of court, which might result in a fine or even jail time.
However, journalists often argue that their sources must be protected under
journalistic ethics and press freedom. They believe that if they are forced to reveal
sources, informants will stop providing valuable information, which would harm
investigative journalism. While South African law does recognize press freedom under
Section 16 of the Constitution, this right is not absolute. Courts have ruled in several
cases that journalists cannot automatically refuse to testify under Section 205 just
because of journalistic ethics.
A key case in this area is S v Pogrund 1961 (3) SA 868 (A), where the court made it
clear that press freedom does not grant an absolute right to keep sources confidential.
Another important case is Rogers v The Attorney-General (1996), where the court
ruled that while journalists play a critical role in democracy, they must still comply with
the law when ordered to testify.