LCR4803 ASSIGNMENT 2 MEMO - SEMESTER 1 - 2023 - UNISA - (DETAILED ANSWERS WITH FOOTNOTES - DISTINCTION GUARANTEED)
ASSIGNMENT 2 QUESTION 1 J, a journalist at News SA, writes an article about corruption regarding the awarding of a tender to XYZ company by a government department for the supply ...
Tutors you can trust. Voted “BEST
SELLING” memos for the year 2021/2022.
LCR4803
Media Law
ASSIGNMENT 2 MEMO
SEMESTER 1 - 2023
UNIQUE NUMBER:-
Due Date :- 5th May 2023
Includes Footnotes and/or Bibliography
QUESTION PREVIEW
J, a journalist at News SA, writes an article about corruption regarding the awarding of a tender to XYZ company
by a government department for the supply of face masks and medical equipment during the COVID-19 pandemic.
XYZ company sues the journalist and the newspaper for defamation and files for discovery of their documents.
The journalist and the newspaper 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 whether the defendants (the journalist and the newspaper)
have a valid objection 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, 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 Discuss in detail by referring to relevant legislation, judgments and the opinions of legal
commentators.[25]
Disclaimer
Extreme care has been used by our Tutors to draft this document, however the contents are provided “as is” without any representations
or warranties, express or implied. This document is to be used for comparison, research and reference purposes ONLY. No part of this
document may be reproduced, resold or transmitted in any form or by any means without prior written permission from the Author. –
LLB EXAMPACKS & TUTORIALS.
J, a journalist at News SA, writes an article about corruption regarding the awarding
of a tender to XYZ company by a government department for the supply of face
masks and medical equipment during the COVID-19 pandemic. XYZ company sues
the journalist and the newspaper for defamation and files for discovery of their
documents. The journalist and the newspaper 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 whether the defendants (the journalist and the newspaper) have
a valid objection 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, 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.
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card or Stuvia-credit for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller LLBExampacksAndTutorials. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for $22.18. You're not tied to anything after your purchase.
