UNIVERSITY EXAMINATIONS

June/July 2022

LCR4803

Media Law

100 Marks
Duration 4 hours
(Writing time 3 hours and additional hour for submission)

Examiners:
First: Prof MMM Monyakane
Second: Mr M Pitlele
External: Prof JCW Van Rooyen

This paper consists of 7 pages.

CONFIDENTIAL

INSTRUCTIONS FOR A TAKE-HOME EXAM ON MYEXAMS

PLEASE READ THE FOLLOWING INSTRUCTIONS CAREFULLY BEFORE ANSWERING THE EXAMINATION
QUESTIONS.

1. The examination question paper counts 100 marks.

2. It consists of FOUR questions.

Please note that you have a choice between Questions 3.3 and 3.4. Choose either Question 3.3 or
Question 3.4 but do not answer both Questions 3.3 and 3.4.

3. The duration of the examination is 4 hours (writing time 3 hours and additional hour for submission).
Your portfolio open 27/06/2022 at 07:45 and you start writing at 08:00 and finish at 11:00. The portfolio must
be submitted via myExams in myMoodle on or before 12:00 (Central African Time).

4. This is a timed online examination. You may consult your prescribed study material during the examination.
You may not consult anyone else and must submit your own work.

5. This examination is proctored via the Invigilator App.

6. Your exam file must be uploaded on the myExams platform on Moodle on or before 12:00. See QR code on
next page. YOU NEED TO ACTIVATE THE QR CODE WITHIN 30 MINUTES
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6.1 You are advised to preview your submission (answer script) to ensure legibility and that the correct answer
script file has been uploaded.

6.2 Once the official examination time per the examination timetable has expired, you are provided one hour to
submit your answer script. Submissions made after the submission period has lapsed will be rejected per the
examination regulations and will not be marked.

7. The cover page for your take-home exam must include your name, student number and the module code.

8. It is preferred that your portfolio is typed, however, handwritten submissions will also be accepted.

9. Whether your answers are typed or handwritten, your submission on the myExams platform on Moodle must
be made in the form of one PDF document. Only the last file uploaded and submitted will be marked.

9.1 The exam answer file that you submit must not be password protected or uploaded as a “read only” file.

9.2 Your examination answer file will not be marked if:

9.2.1 you send your examination answer file via email.

9.2.2 you submit the incorrect examination answer file. A mark of 0% will be awarded.
9.2.3 you submit your exam answer file on an unofficial examination platform (including the invigilator cellphone
application).
9.2.4 you submit your examination answer file in the incorrect file format.
9.2.5 you submit a password-protected document.
9.2.6 you submit your examination answer file late.
9.2.7 you submit your answer file from a registered student account that is not your own.

9.3 Incorrect answer scripts and/or submissions made on unofficial examinations platforms (including the
invigilator cellphone application) will not be marked and no opportunity will be granted for resubmission.

9.4 The mark awarded for an illegible examination answer file submission will be your final mark. You will not be
allowed to resubmit after the scheduled closing date and time of the exam.

10. When answering the portfolio questions, remember that an open-book exam is a test at a higher level than
the usual type of exam, where memory is tested as much as insight. In an open-book exam, you need not
memorise any information. You are expected to prove that you can use information, rather than merely repeat
it. In brief, what is being tested is factual knowledge, understanding and the correct application thereof, not
memory skills. For this reason, you do not earn marks by merely detailing a list of all the information that you
think might be relevant to a particular question. This gives no indication that you know statutory or other
provisions applicable in a specific context. You are expected to identify precisely what information applies,
and then explain why you think so. Also, because you have the guide available when answering questions,
we do not give marks for direct quotations from the guide. You are therefore assessed on your level of
understanding of the legal principles by looking at how well you applied the principles to the questions.
PLEASE DO NOT CUT AND PASTE ANSWERS FROM ANY SOURCE.

11. The arguments that you make must be logical, well-structured and substantiated by all of the relevant legal
principles. You are given 4 hours to complete the portfolio. Use the time given wisely.

11.1 Ensure that you give reasons for each answer. Substantiate your answers by referring to ALL of the relevant
authorities, e.g. sections from relevant legislation and/or court cases in the text or in your footnotes.

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11.2 You are required to have read and summarised the prescribed cases yourself. When using case law to support
your answer, please include complete references to the relevant cases in your footnotes. This means that you
must not only include the name of the case but also the exact page and section and/or paragraph where the
information can be found.

11.3 Students often lose marks because they do not approach problem-type questions correctly. When answering
such questions, it is important to first clarify for yourself the area of work where the answer must be sought.
Once you have done this, set out the relevant legal principles. Deal only with those principles that relate to the
given facts. Next, apply these principles to the facts. This is where most of the students lose marks - they set
out the law in some detail, but then do not illustrate how it applies to the factual situation they have been asked
to solve. Finally, state your conclusion.

12. You must complete the online declaration of own work when submitting.
12.1 By ticking the Honesty Declaration, you confirm that you have read (i) the University’s Policy on Copyright
Infringement and Plagiarism and the Student Disciplinary Code, which are both available on
myUnisa: www.unisa.ac.za/unisarules, and (ii) the information relating to student values and plagiarism that
is found at https://www.unisa.ac.za/sites/myunisa/default/Study-@-Unisa/Student-values-and-rules.

12.2 Students suspected of dishonest conduct during the examinations will be subjected to disciplinary processes.
Students may not communicate with other students, or request assistance from other students during
examinations. Plagiarism is a violation of academic integrity, and students who do plagiarise or copy verbatim
from published work will be in violation of the Policy on Academic Integrity and the Student Disciplinary Code
and may be referred to disciplinary hearing. Unisa has a zero tolerance for plagiarism and/or any other forms
of academic dishonesty.

12.3 Unless a student is exempted because of disability or incarceration, students who have not utilised invigilation
or proctoring tools will be deemed to have transgressed Unisa’s examination rules and will have their marks
withheld.

PLEASE NOTE:

If you experience technical problems of any kind on the day(s) of the examination (including network or loadshedding
challenges) and your examination answers are not submitted by the cut-off time, please apply online for an aegrotat
exam within 3 days of the examination session. Include supporting documentation with your application.
Supplementary or aegrotat students will not be able to apply for aegrotat exams and will have to re-register for the
module.

Students experiencing technical challenges may contact the SCSC on 080 000 1870 or email
[email protected] or refer to Get-Help for the list of additional contact numbers.

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QUESTION 1

1.1 Write concise notes on any SIX (6) of the following:

(a) Access to Children’s Court case records in terms of the Promotion of Access to Information
Act 2 of 2000. (5)

(b) The definition of a newspaper as defined by our courts. (5)

(c) The meaning of the term “requester” as used in the Promotion of Access to Information Act
2 of 2000. (5)

(d) The grounds on which a judge may issue a direction to intercept postal articles in terms of
the Regulation of Interception of Communications and Provision of Communication-Related
Information Act 70 of 2002. (5)

(e) The various complaints which a Public Protector is competent to investigate. (5)

(f) Distinguish between intra-textual and extra-textual limitation of rights. (5)

(g) Distinguish between the Newspaper Association and the Press-Ombudsman. (5)

(h) The specific requirements that should be present before a court of law will accept that the
delict of passing off has indeed taken place. (Note: Do not give the delictual elements that
apply to unlawful competition in general but refer to the refined and more specific elements
of passing off.) (5)
6x(5) = (30)
[30]

QUESTION 2

2.1 Section 16 of the South African Constitution protects freedom of speech and is therefore of vital
importance to anyone who plans to pursue a career in the field of Media Law. Discuss the content
and ambit of this section in detail. Indicate what is included in the right and what is excluded. Do
not merely quote section 16 verbatim, but explain in detail the meaning of the various terms used
in the provision. (10)

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2.2 In 1644 Milton developed his speech theory based on a quest for the truth. This was done to
protest against the licensing of publications by the government of his day. Today, 360 years later,
licensing still remains problematic, although freedom of speech has been acknowledged.

(a) What is the situation in South Africa at present with regard to:

(aa) the licensing of publications and especially of newspapers, and

(bb) the licensing of broadcasting services?

Explain in detail whether control is exercised over (aa) and (bb) above by way of licensing.
Indicate whether licensing is applicable, and if so, discuss the various aspects pertaining to
licensing, for example,

(i) the categories of licenses;

(ii) the person or institution issuing the licenses;
(iii) the person or institution to whom complaints regarding the services in the case of (aa)
and (bb) should be directed.

(b) Are there valid reasons why the above approach regarding licensing should be followed by
the South African government? (10)
[20]

QUESTION 3

3.1 X files for divorce against her husband, Y, due to his intolerable adulterous behaviour. Y agrees
to the divorce but contests the division of assets. Since both X and Y are well-known celebrities,
Z, a free-lance journalist, writes an article about the couple’s divorce and submits it to a popular
family magazine. The reasons for the divorce as well as the extent of Y’s hidden assets are
meticulously listed. The Editor of the magazine refuses to publish the article.

Explain to Z why the Editor might have refused to publish her article with reference to the
applicable provisions of the Divorce Act 70 of 1979. (8)

3.2 Distinguish between a frequency band and a radio frequency band plan. (2)

NOTE THE CHOICE YOU HAVE IN THIS QUESTION

(Please note that you have a CHOICE between Question 3.3 and Question 3.4. In other words,
you can do either Question 3.3 OR 3.4. Please don’t do both.)

3.3 (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)

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(b) What is “virtual child pornography”? What is the legal position surrounding the issue of virtual
child pornography? (5)

OR

3.4 (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]

QUESTION 4

(a) Discuss the legal position in terms of section 205 of the Criminal Procedure Act 51 of 1977 if a
journalist who, when ordered by the court to do so, refuses to disclose the identity of his informer.
Your answer should also discuss the question whether a journalist may rely on journalistic ethics
to justify his refusal to disclose the identity of an informer. In your answer refer to applicable court
cases where necessary. (14)

(b) X a prisoner, is serving the last six months of her prison sentence. She was convicted for keeping
a brothel. She knows that she has no financial prospects when she is released from prison. She
contacts a journalist of a tabloid newspaper and offers to give her account of the circumstances
which led to her conviction to the newspaper, in exchange for a large sum of money. The journalist
writes the article and phones the National Commissioner to confirm certain facts before the article
is published.

(i) Which procedure should be followed in terms of section 123 of the Correctional Services
Act 111 of 1998 before the article may be published? (4)
(ii) What will the position be if the National Commissioner was not consulted beforehand and
only becomes aware of the situation when he reads the article in the newspaper? (3)

(c) Name the elements which must be present to constitute the crime of false disparagement of
goods and services and give an example from case law. (5)

(d) 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. (4)
[30]

TOTAL: [100]

©
Unisa 2022

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