LCR4803 Assignment 2 Semester 2 2024 | Due 16 September 2024

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LCR4803 Assignment 2 Semester 2 2024 | Due 16 September 2024. All questions answered with references.

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.
B) What is “virtual child pornography”? What is the legal position surrounding the issue of
virtual child pornography?
1.2. A) Write notes on the rationale for the crime of contempt of court.
B)Name and briefly explain the grounds of justification which can exclude the element of
unlawfulness in the crime of contempt of court.
2.1. 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.
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?
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?
B) 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.
C) 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.
A) Access to the children’s court case records in terms of the Promotion of Access to
Information Act 2 of 2000.
B) The definition of a newspaper as defined by our courts.
C) The meaning of the term “requester” as used in the Promotion of Access to Information Act
2 of 2000.
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.
E) The various complaints which a Public Protector is competent to investigate.
F) Distinguish between intra-textual and extra-textual limitation of rights.
G) Distinguish between the Newspaper Association and the Press-Ombudsman.
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.)