LCR4803 PORTFOLIO MEMO - MAY/JUNE 2025 - SEMESTER 1 - UNISA - DUE DATE :- 14 MAY 2025 - (DETAILED ANSWERS WITH FOOTNOTES AND BIBLIOGRAPHY - DISTINCTION GUARANTEED!)

LCR4803 PORTFOLIO MEMO - MAY/JUNE 2025 - SEMESTER 1 - UNISA - DUE DATE :- 14 MAY 2025 - (DETAILED ANSWERS WITH FOOTNOTES AND BIBLIOGRAPHY - DISTINCTION GUARANTEED!) QUESTION 1 1.1 Write concise notes on six (6) of the following: (a) How does the Promotion of Access to Information Act 2 of 2000 (PAIA) give effect to Section 32 of the Constitution of the Republic of South Africa, 1996, which guarantees the right to obtain information? (5) (b) What procedures must be followed to obtain access to information in terms of the PAIA? (5) (c) Discuss the independent bodies established under section 3(1) of the Films and Publications Act 65 of 1996. (5) (d) According to Section 18A of the Films and Publications Act 65 of 1996 (Act), what are the mandatory requirements for a film, game, or publication that has been classified or exempted from classification under the Act? (5) (e) According to Clause 4.1 of the Advertising Code of Practice of the Advertising Standards Authority of South Africa, how is "advertisement" defined? (5) (f) What specific requirements must be demonstrably present for a South African court of law to recognize the delict of passing off? (Note: Focus solely on the refined and specific elements unique to passing off, without detailing the general delictual elements applicable to unlawful competition.) (5) 6x(5) = (30) [30] QUESTION 2 2.1 Critically discuss the significance of De Reuck v Director of Public Prosecutions, Witwatersrand Local Division and Others 2004 as a landmark case in South African law pertaining to child pornography, considering its key findings and impact on subsequent legal developments. (10) 2.2 Thabo, a third-year media studies student at the University of Wakanda, is working on a research project for his course on media law and ethics. His assignment requires him to investigate the current regulatory landscape governing the South African media. Specifically, he needs to analyze the role of licensing in controlling the publication of newspapers and the operation of broadcasting services. (a) Describe the current state of media regulation in South Africa concerning: (aa) The licensing of publications, particularly newspapers. Detail any control mechanisms beyond licensing, the applicability of licensing, and relevant aspects such as license categories, issuing authorities, and complaint bodies. (4) (bb) The licensing of broadcasting services. Similarly, detail control mechanisms beyond licensing, the applicability of licensing, and relevant aspects like license categories, issuing authorities, and complaint bodies. (3) (b) Critically evaluate the justifications for the South African government's approach to the licensing and regulation of these media sectors. (3) [20] QUESTION 3 NOTE THE CHOICE YOU HAVE IN THIS QUESTION (Please note that you have a CHOICE between Question 3.1 and Question 3.2. In other words, you must answer either Question 3.1 OR Question 3.2. Please do not answer both.) 3.3 and 3.4 are compulsory 3.1 (a) The Films and Publications Act 65 of 1996 (Act) establishes a classification system for publications. Identify and briefly explain two distinct classifications that can be given to publications under this Act, outlining the circumstances under which each classification would be assigned. (5) (b) Explain the concept of "virtual child pornography". What is the prevailing legal position concerning virtual child pornography in South Africa? (5) OR 3.2 (a) Discuss the jurisprudential basis and policy considerations that underpin the criminal offence of contempt of court. (5) (b) Identify and briefly describe the grounds of justification that can negate the element of unlawfulness in a charge of contempt of court. (5) 3.3 3.4 A popular social media influencer, A, publicly announces their separation from their long-term partner, B. While A's announcement is vague, rumours quickly spread online alleging B’s infidelity. C, a blogger known for celebrity gossip, compiles a post based on anonymous "sources" and publicly available information, detailing specific instances of B's alleged affairs and including private messages purportedly leaked from B's accounts. Before publishing the blog post, C's editor raises concerns about the accuracy of the claims and potential legal ramifications and refuses to publish the article. Explain to C why the editor might have refused to publish her article with reference to the applicable provisions of the Divorce Act 70 of 1979. (8) Contrast the meaning of a "frequency band" with that of a "radio frequency band plan." What are the key distinctions between these two terms? (2) [20] QUESTION 4 (a) A prominent human rights lawyer is assassinated. Sarah, an investigative journalist, receives an anonymous tip-off containing detailed information about the alleged perpetrators and their motives. This information is crucial to the ongoing police investigation. Sarah publishes a heavily redacted article based on this tip, protecting her source's identity. Subsequently, the investigating officer, believing Sarah's full information is vital for solving the murder, obtains a subpoena compelling Sarah to appear in court under Section 205 of the Criminal Procedure Act 55 of 1977 and reveal the identity of her confidential source. Sarah refuses, citing her ethical obligation to protect her informer's anonymity and the potential danger disclosing their identity could pose. Critically analyse the legal implications for Sarah's refusal to disclose the identity of her confidential source under a Section 205 subpoena in the context of a high-profile assassination case. Discuss whether Sarah's reliance on journalistic ethics constitutes a valid legal justification for her refusal, considering relevant South African legal precedents regarding the balance between the administration of justice and the protection of journalistic sources. (14) ( b ) Critically discuss key duties of the Independent Communications Authority of South Africa (ICASA) in regulating the communications sector. (7) (c) 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. (5) (d)Name key limitations to the right to privacy as enshrined in the Constitution of the Republic of South Africa, 1996 and further developed through legislation and case law. (4) [30] TOTAL: [100]