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LCR4803 Assignment 2 Semester 2 2024 - DUE 16 September 2024

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QUESTIONS WITH ANSWERS LCR4803 Assignment 2 Semester 2 2024 - DUE 16 September 2024











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[Date]



LCR4803 Assignment
2 Semester 2 2024 -
DUE 16 September
2024
QUESTIONS WITH COMPLETE ANSWERS

,LCR4803 Assignment 2 Semester 2 2024 - DUE 16 September 2024



1.1 (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)

1.2 (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]

1.1 (a) TWO Possible Classifications Under the Films and Publications Act 65
of 1996

1. Unrestricted (A):

o When Awarded: This classification is given to publications deemed
suitable for all audiences. The content in these publications does not
contain any harmful material, such as explicit violence, nudity, or hate
speech, that would require restriction or parental guidance.

2. Restricted (18):

o When Awarded: This classification is given to publications that are
only suitable for adults (18 years and older). Such publications may
contain explicit sexual content, graphic violence, or strong language.
The restriction ensures that minors are not exposed to potentially
harmful material.

, 1.1 (b) Virtual Child Pornography and Its Legal Position

• Virtual Child Pornography:

o Definition: Virtual child pornography refers to images or videos that
depict minors engaging in sexual activities but are created digitally or
through animation, rather than involving real children. This can
include computer-generated images, cartoons, or manipulated photos
where no actual child is involved.

• Legal Position:

o In many jurisdictions, including South Africa, virtual child
pornography is treated with the same seriousness as actual child
pornography. The law criminalizes the creation, distribution, and
possession of virtual child pornography, recognizing that it can
perpetuate harmful attitudes and behaviors towards minors, even if no
real child is directly harmed in the production process. The Films and
Publications Act prohibits the distribution of any material that visually
depicts or advocates for child pornography, whether real or virtual.

1.2 (a) Rationale for the Crime of Contempt of Court

• Contempt of court is a crime designed to protect the authority and dignity
of the judicial system. The rationale behind this crime includes:

1. Maintaining Respect for the Judiciary: The crime ensures that the
public maintains respect for the courts, which are essential for
upholding the rule of law.

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