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LCR4803 EXAM PACK 2024/2025
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LCR4803 EXAM PACK 2024/2025 QUESTIONS WITH DETAILED ANSWERS, COMPILED FROM RECENT PAST EXAM PAPERS. PERFECT FOR EXAM PREPARATION.
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lOMoAR cPSD| 42036583, lOMoAR cPSD| 42036583
MEDIA LAW: LCR4803
EXAMINATION : MAY/JUNE 2024
\
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.
Subject to the Promotion of Access to Information Act 2 of 2000, no person has access
to children’s court case records, except –
➢ for the purpose of performing official duties in terms of this Act.
➢ in terms of an order of court if the court finds that such access would not
compromise the best interests of the child.
➢ for the purpose of a review or appeal; or
➢ for the purpose of bona fide research or the reporting of cases in law reports,
provided the provisions of section 74 are complied with.
(b) The definition of a newspaper as defined by our courts.
➢ The court resorted to a definition in an American case, which reads as follows:
“The principle distinguishing factor of a newspaper, in contemplation of the
statute, in our opinion, is that it be a publication appearing at regular, or almost
regular intervals, at short periods of time, as daily or weekly, usually in sheet
form, and containing news; political, social, moral, religious, and other subjects
of a similar nature local or foreign, intended for the information of the general
reader. It is the one quality of news which gives it its general interest and
secures for it a general circulation among the people of different classes and
callings whom the statute seeks to reach by the requirement of notice by
publication in a newspaper.”
In R v Lewin1 the appeal court wrote this definition as “apt and proper” but
found that a publication such as the one mentioned in R v Daya Morar2 could
not be regarded as a newspaper because it was not published at short intervals
and especially because it did not contain news of a general nature. The
legislation’s intention with the provision that advertisements should appear in
1 1930 AD 344.
2 1929 TPD 696
, lOMoAR cPSD| 42036583
a “newspaper” was really to ensure that information be distributed as widely as
possible amongst the public by means of the printed word so that in that way
those members of the public who could not be reached by means of the official
mouthpiece, the Gazette, could also be informed. The quality of the publication
should therefore be of such a nature that it enjoys a wide circulation.
(c) The meaning of the term “requester” as used in the Promotion of Access to
Information Act 2 of 2000.
➢ Requester, in relation to a public body, means any person other than a public
body, making a request for access to a record of that public body, or a person
acting on that person’s behalf. Requester, in relation to a private body, means
any person, including but not limited to a public body or an official thereof,
making a request for access to a record of that private body, or a person acting
on behalf of that person.
(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.
➢ The judge must be satisfied that there are reasonable grounds to believe that
–
- A serious offence has or will be committed.
- The information concerns an actual or potential threat to public health,
safety, national security, or compelling national economic interests.
- The information is requested by a country outside the Republic regarding
organised crime or terrorism, and the gathering thereof is in accordance
with an international mutual assistance agreement or in the interest of the
Republic’s international relations.
- The information relates to property that plays a role in the commission of a
serious offence or could be the proceeds of unlawful activities.
➢ There should be reasonable grounds for believing that the information relating
to the ground will be obtained by means of the interception direction at the
specific place.
➢ Other investigative procedures must have been applied but should have been
unsuccessful.
(e) The various complaints which a Public Protector is competent to investigate.
➢ There is maladministration in connection with the affairs of government.
➢ Improper conduct by a person performing a public function.
➢ Improper acts with respect to public money.
➢ Improper or unlawful enrichment of a person performing a public function.
, lOMoAR cPSD| 42036583
➢ An act or omission by a person performing a public function that results in
improper prejudice to any other person.
(f) Distinguish between intra-textual and extra-textual limitation of rights.
Intra-textual
Should a right be restricted in the Constitution itself, its ambit is already limited the
moment it is granted. It is usually done by formulating the right restrictively. For
example, the right to information held by another person is applicable only in the case
of information ‘‘required for the exercise or protection of any rights’’
(s 32). The freedom of expression clause (s 16) is limited by the exclusion of
expressions about propaganda for war, incitement of imminent violence and advocacy
of hatred. This form of restriction will be clear when one analyses the grammatical
construction of a specific section.
Other ways in which intra-textual limitations can be created are by means of the
interaction of the different rights, for example the right to press freedom can be limited
by the right to privacy. Such limitations can be determined only if systematic,
teleological, and possibly even historical and comparative, interpretation techniques
are employed.
Extra-textual
Extratextual limitations originate from normal legislation, the common law, customary
law, administrative acts or administrative decisions. These limitations are permissible
only should they comply with the criteria laid down in section 36.
The courts follow a two-stage approach when determining whether a restriction or
limitation of a right is justifiable in terms of the Constitution. In the first stage, the court
will determine whether the activity for which the applicant seeks protection falls within
the ambit of a particular right. Thereafter, the court will have to determine whether the
right or freedom in question has been infringed, breached or denied. The onus will be
on the applicant in so far as this first issue is concerned. Should the court, in this first
investigation, find that the right or freedom has, indeed, been infringed, breached or
denied, the court should then determine whether the restriction is permissible in terms
of the limitation clause.
The party invoking the limitation clause will then bear the burden of demonstrating
that the restriction complies with the requirements set out in the limitation clause.
(g) Distinguish between the Newspaper Association and the Press-Ombudsman.
Newspaper Association aims to –
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