Exam (elaborations)
MEDIA LAW LCR4803 PORTFOLIO 2021
- Institution
- University Of South Africa (Unisa)
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October/November 2021LCR4803
Media Law
PORTFOLIO / TAKE-HOME EXAM
Written by
Camecia Cass
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, PART A
(SHORT
QUESTIONS)
Question 1
Distinguish between
(a) Social censorship and voluntary or internal censorship (2
Social censorship is the censorship of speech and movement anticipated
from the
individual for the sake of social harmony. Certain codes of good conduct
and good manners is carry out by the community, which may be viewed as
the fruits of education in its widest sense.
Whereas in the case of voluntary or internal censorship, individuals or
instances come to a mutual agreement, without any legal duty being
imposed upon them, to succumb themselves willingly to certain limitations
on the information they may distribute.
(b) Intra-textual and extra-textual limitation of constitutional rights (2
In terms of Intra-textual limitation of constitutional rights, the inference can
be drawn that should a right be restricted in the Constitution itself, its
influence is already limited the moment
it is granted. Any Act or administrative action which does not further encroach on
such
‘‘limited’’ rights would then be constitutional. Another way in which the
Constitution can limit a right is usually through formulating the right
restrictively.
Extra-textual limitations have its origin from normal legislation, the
common law, customary law,
administrative acts or administrative decisions and are permissible only if
they comply with the criteria laid down in section 36.
(c) Broadcasting and telecommunication (4
Broadcasting generates a one-way communication whereby a sender
delivers information that is
unreceptively received by the recipient, whereas telecommunication in its
broad sense would
include interactive communication where both sender and recipient take
part in the
communication process (the latter, however, not always being the case,
because one-way
communication may also occur as in the case of the internet). Possibly the
greatest difference
between the two lies in the message that is conveyed. In
telecommunication there generally
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