ASSIGNMENT 01
X receives a subpoena to testify as a witness in a high profile criminal trial. X
hears that an application has been made by a television network to televise the
trial. X has a speech impediment and feels that televising the trial will make her
so nervous that it will affect her a...
assignment 01 x receives a subpoena to testify as a witness in a high profile criminal trial x hears that an application has been made by a television network to televise the trial x has a speech im
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MEDIA LAW
Assignment 1 MEMO
Semester 1 2022 Unique number: -
Includes Footnotes and/or Bibliography
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ASSIGNMENT 01
UNIQUE NUMBER:
DUE DATE: -
X receives a subpoena to testify as a witness in a high-profile criminal trial. X hears that an application
has been made by a television network to televise the trial. X has a speech impediment and feels that
televising the trial will make her so nervous that it will affect her ability to testify. Can X object to her
testimony being televised?
Discuss critically with reference to the case of Van Breda v Media 24 Limited and Others; National
Director of Public Prosecutions v Media 24 Limited and others 3 All SA 622 (SCA); 2017 (2) SACR 491
(SCA) (21 June 2017).
In your discussion of the broadcasting of court proceedings you have to refer to the following aspects:
a) the conflicting fundamental rights at issue here
b) how this issue was dealt with in previous South African case law
c) what a court needs to take into consideration when deciding on such an application
d) d) whether a witness, as in our set of facts, can object to her testimony being televised,
and if so, what measures would in such a case be taken to deal with the broadcasting of
Disclaimer
the court proceedings.
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X receives a subpoena to testify as a witness in a high-profile criminal trial. X hears that
an application has been made by a television network to televise the trial. X has a speech
impediment and feels that televising the trial will make her so nervous that it will affect her
ability to testify. Can X object to her testimony being televised?
Discuss critically with reference to the case of Van Breda v Media 24 Limited and Others;
National Director of Public Prosecutions v Media 24 Limited and others 3 All SA 622 (SCA);
2017 (2) SACR 491 (SCA) (21 June 2017).
In your discussion of the broadcasting of court proceedings you have to refer to the
following aspects:
a) the conflicting fundamental rights at issue here
On appeal, the SCA stated that the question whether, and under what circumstances, cameras
should be permitted in South African courtrooms provokes tension between the rights of the media
to freedom of expression, on the one hand and the fair trial rights of an accused person, on the
other. Further, that when two constitutional rights are in conflict, the rights should as far as
possible be harmonised with one another.1
The SCA held that the right to freedom of expression is not limited to the right to speak, but also
to receive information and ideas. The court recognized the key position that the media holds in
society and found that the constitutional right to freedom of expression goes hand in hand with
1
Van Breda v Media 24 Limited and Others; National Director of Public Prosecutions v Media 24 Limited and others
3 All SA 622 (SCA); 2017 (2) SACR 491 (SCA) (21 June 2017) para 42.
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