CML1501
Assignment 2
Unique No:
Due 10 September 2025
, Communication Law
Question 1: The Protection of Personal Information Act (POPIA) – Exceptions in
Obtaining Children’s Information
The Protection of Personal Information Act 4 of 2013 (POPIA) sets strict limits on
the processing of personal information belonging to children, recognising their special
vulnerability. In terms of section 35, such processing is generally prohibited unless the
consent of a competent person (such as a parent or legal guardian) has been
obtained.
However, the Act provides several exceptions where processing may lawfully take place
without parental consent. These include:
Legal rights and obligations – Where the information is necessary to establish,
exercise, or defend a legal right or duty.
Historical, statistical, or research purposes – Provided the processing is in
the public interest and does not unjustifiably compromise the privacy of the child.
Compliance with statutory duties – Where legislation requires the collection or
use of the information.
Public disclosure – Where the child, with the consent of a competent person,
has deliberately made the information publicly available.
These exceptions demonstrate that while the law prioritises children’s privacy, it also
accommodates circumstances where processing serves broader legal, social, or public
interest objectives.
Question 2: Print Media South Africa and Another v Minister of Home Affairs and
the Film and Publication Board (2012)
In this case, the Constitutional Court examined whether provisions of the Films and
Publications Act unjustifiably restricted the constitutional right to freedom of
expression. The challenged provisions—sections 16, 16(2)(a), and 24A(2)(a)—
Assignment 2
Unique No:
Due 10 September 2025
, Communication Law
Question 1: The Protection of Personal Information Act (POPIA) – Exceptions in
Obtaining Children’s Information
The Protection of Personal Information Act 4 of 2013 (POPIA) sets strict limits on
the processing of personal information belonging to children, recognising their special
vulnerability. In terms of section 35, such processing is generally prohibited unless the
consent of a competent person (such as a parent or legal guardian) has been
obtained.
However, the Act provides several exceptions where processing may lawfully take place
without parental consent. These include:
Legal rights and obligations – Where the information is necessary to establish,
exercise, or defend a legal right or duty.
Historical, statistical, or research purposes – Provided the processing is in
the public interest and does not unjustifiably compromise the privacy of the child.
Compliance with statutory duties – Where legislation requires the collection or
use of the information.
Public disclosure – Where the child, with the consent of a competent person,
has deliberately made the information publicly available.
These exceptions demonstrate that while the law prioritises children’s privacy, it also
accommodates circumstances where processing serves broader legal, social, or public
interest objectives.
Question 2: Print Media South Africa and Another v Minister of Home Affairs and
the Film and Publication Board (2012)
In this case, the Constitutional Court examined whether provisions of the Films and
Publications Act unjustifiably restricted the constitutional right to freedom of
expression. The challenged provisions—sections 16, 16(2)(a), and 24A(2)(a)—
