LCR4803 PORTFOLIO MEMO - MAY/JUNE 2023 - SEMESTER 1 - UNISA - (DETAILED ANSWERS - DISTINCTION GUARANTEED!)

LCR4803 PORTFOLIO MEMO - MAY/JUNE 2023 - SEMESTER 1 - UNISA - (DETAILED ANSWERS - DISTINCTION GUARANTEED!) QUESTION 1 Write brief notes on any 4 (FOUR of the following: (a) [b) (c) (e) (t) (g) (h) The Press Ombudsman The use of punitive censorship for the control of pornography The distinction between prior censorship and the system of pre-clearance as practiced by the Advertising Standards Authority The distinction between commercial broadcasting and community broadcasting Scanion's theory on freedom of speech The difference between the Independent Communication Authority of South Africa (ICASA) and the Broadcasting Complaints Commission of South Africa (BCCS) The various complaints which a Public Protector is competent to investigate The purpose of an inquest, when such proceedings may be attended and when may be claimed to records of inquests (5) (5) (5) (5) (5) (5) (5) access (5) [20] QUESTION 2 X is the sub-editor for the social pages at a newspaper. However, she is eager to prove that she is qualified to report on news. Y is a famous social butterfly and lover of an accused who is charged with the murder of his wife. X arranges an interview with Y. Ostensibly the purpose of the interview is to discuss Y's choice of court outfits. However, X asks Y about her adulterous relationship with the accused as well as his relationship with the deceased. Y responds in detail and also uses the opportunity to mention further details relevant to the case which she claims she forgot to mention in her testimony. X asks her boyfriend, an LLB student, to comment on the impact of the new information provided by Y during the interview on the pending case. X submits the article with the boyfriend's comments and the article is published the following day. The editor of the newspaper receives a call from the presiding officer in the pending case asking him why he (the editor) should not be convicted of contempt of court. With the facts in mind, answer the following questions: (a) Did X commit contempt of court in the form of commentary on a pending case? (5) (b) Can the editor be held liable for contempt of court (irrespective of whether X is convicted or not)? In your answer you must refer to all the relevant case law. (15) [20] QUESTION 3 Teboho Letsatsi, a journalist at Rea Vaya News, (the newspaper) writes an article about corruption regarding the awarding of a tender to Georberto Fellas company by a Municipality department for the supply of Bus tyres. Georberto Fellas company sues Teboo Letsatsi and Rea Vaya News for defamation and files for discovery of documents. Teboho Letsatsi and the Rea Vaya News 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 while referring to relevant legislation, judgments and legal opinions, whether the delendants the journalist and the newspaper have a valid obiection 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, which has to be in an essay form, 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 [20] QUESTION 4 A takes her daughter, B, to hospital for a medical procedure. While in hospital, and at a stage when she is unconscious, B falls from a trolley and is severely injured. A is sure that these injuries were caused by the negligence of the hospital staff. However, before she can institute proceedings against the hospital to claim damages, she needs more information. She consults you, her attorney, in this regard. Advise her by referring to the following possible methods that can be used to obtain information: (1) An application to the Constitutional Court while relying on section 32 of the Constitution 1. A subpoena served on the hospital superintendent to answer questions in terms of section 205 of the Criminal Procedure Act 51 of 1977 2. Connecting a monitoring device to the hospital's telephone and computer networks (assume that this is a practical possibility) 3. Using the Promotion of Access to Information Act 2 of 2000 (As amended) Compare these four possibilities with regard to their appropriateness in the given circumstances and then advise your client as to the best procedure to follow. If you are of the opinion that none of these alternatives would be suitable, recommend another solution, Your answer should discuss fully applicable case law, legislation and the opinions of legal commentators. [20] QUESTION 5 NOTE THE CHOICE THAT YOU HAVE IN THIS QUESTION 5.1 (a) Briefly state the factors specifically mentioned by the court in National Media Ltd v Bogoshi 1998 (4) SA 1196 (SCA) that should be taken into account to determine whether the publication of false and defamatory information in the press is, nevertheless, reasonable and theretore not unlawful. [20] OR 5.1 (b) The Protection of Personal Information Act 4 of 2013 (As amended) regulates the processing of personal information of data subjects (individuals). Name the different categories of information that are included in the definition of personal information in the Act and give an example of each category. (8) 5.2 David is suspected of being involved in various activities of a crime syndicate. May an officer of the South African Police Service direct Telkom to intercept the telephone calls of David and record these on tape? Discuss fully by referring to the Regulation of Interception of Communications and Provisions of Communication-Related Information Act 70 of 2002. (10) 5.3 Distinguish between the following two classification categories in respect of publications as contained in the Films and Publications Act 65 of 1996: (a) a refused classification (b) XX classification [20] TOTAL: (100)