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LCR4803 Assignment 2 (100% COMPLETE ANSWERS) Semester 1 2025

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Media Law - LCR4803 Assignment 2 Semester 1 2025 - DUE April 2025 ;100 % TRUSTED workings, Expert Solved, Explanations and Solutions. For assistance call or W.h.a.t.s.a.p.p us on ...(.+.2.5.4.7.7.9.5.4.0.1.3.2)........... (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. (20) (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? (12) (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? (8) (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. (20) (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. (10)

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LCR4803
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.

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