LCR4803 ASSIGNMENT 2 MEMO - SEMESTER 1 - 2023 - UNISA - (DETAILED ANSWERS WITH FOOTNOTES - DISTINCTION GUARANTEED)

LCR4803 ASSIGNMENT 2 MEMO - SEMESTER 1 - 2023 - UNISA - (DETAILED ANSWERS WITH FOOTNOTES - DISTINCTION GUARANTEED) ASSIGNMENT 2 QUESTION 1 J, a journalist at News SA, writes an article about corruption regarding the awarding of a tender to XYZ company by a government department for the supply of face masks and medical equipment during the COVID-19 pandemic. XYZ company sues the journalist and the newspaper for defamation and files for discovery of their documents. The journalist and the newspaper provide all the documents as requested but edit out the names of the authors. Upon request to disclose the names, they refuse on the grounds that: (1) the disclosure would unduly and unlawfully limit their (the journalist’s and the newspaper’s) right to freedom of expression, and (2) their sources have been promised confidentiality. Critically discuss whether the defendants (the journalist and the newspaper) have a valid objection to revealing the identity of their sources. In other words, can they rely on journalistic privilege to refuse to disclose the identity of their sources? In your answer, you must refer to the following: (a) which constitutional rights must be weighed up and balanced against one another in this scenario; (b) is journalistic privilege a valid defence, and if so, in which circumstances may a journalist rely on journalistic privilege as a defence; (c) why it is necessary for journalists to protect their sources (d) whether the journalists in this set of facts have a valid defence Discuss in detail by referring to relevant legislation, judgments and the opinions of legal commentators.[25] QUESTION 2 X orders a video, which is not available in South Africa, over the Internet. This video contains two scenes of child pornography. After X received the video, he invites some of his friends over to watch the video with him and charges them an admission fee. The police raid his home and X is charged with contravening the Films and Publications Act of 1974. X approaches you as his lawyer for advice on the following: (a) Whether X committed any offences in terms of the Films and Publications Act of 1974? (b) Whether he can challenge the constitutionality of this Act due to it invading his right to privacy. Discuss fully. Substantiate your answer by referring to applicable legislation, judgments and the opinions of legal writers. [25] QUESTION 3 Majakathata, a well-known actress, is charged with murdering her partner with whom She had an adulterous affair. The court case generates immense public interest and the media reports daily on the court proceedings. It becomes clear that the pivotal question is whether Majakathata was negligent or whether she acted with dolus eventualis when she killed her lover. The Court postpones the case for judgment. Before judgment is delivered Ralitaba, a professor in criminal law, publishes an article on dolus eventualis as requirement for murder in a legal journal. In the meantime, Z’ s husband Y sells his story “The Tale of a Husband Wronged” to a popular magazine that in its publication refers to the facts of Majakathata’s case. Discuss, with reference to the elements of the crime whether any of the following parties committed contempt of court with reference to pending cases: (a) The journalists who reported daily on the court proceedings; (b) Ralitaba, the professor in criminal law, who published an article in an academic journal; and The magazine that published Y’s story. [25] TOTAL/TOTAAL: [75]