LCR4803 PORTFOLIO MEMO - SEMESTER 2 - 2022 - UNISA - OCT./NOV. 2022 ( DETAILED MEMO WITH FOOTNOTES AND A BIBLIOGRAPHY)
QUESTION 1
Write brief notes on any SIX (6) of the following:
(a) The provisions of section 14 of the Constitution which guarantees the right to privacy. (5)
(b) The factor...
LCR4803
MEDIA LAW
PORTFOLIO
MEMO/GUIDELINE
SEMESTER 2 –
OCTOBER/
NOVEMBER
UNISA – 2022
24 NOVEMBER 2022
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Write brief notes on any SIX (6) of the following:
(a) The provisions of section 14 of the Constitution which guarantees the
right to privacy. (5)
Section 14 determines the following:
1.Everyone has the right to privacy, which includes the right not to have
a.their person or home searched
b.their property searched
c.their possessions seized; or
d.the privacy of their communications infringed.
Section 14 makes provision for a right to privacy. This right is created to protect a
person from any intrusion into his or her private life by the state or by an individual or
individuals. Privacy and human dignity go hand in hand, giving the individual the
choice of when and to what extent information about his or her personal affairs or
private activities may be revealed.
Although section 14 gives some indication of the scope of the right by specifying
some forms of conduct that are expressly forbidden, there are still many aspects
which are not covered and which therefore will have to be determined by the courts
or regulated by the legislator. One can cite, for example, issues such as homosexual
acts in the privacy of an individual’s home, the private possession of pornographic
photographs, the right to claim an abortion, the abuse of personal data, euthanasia
or the right to ask for death.
(b) The factors mentioned in National Media Ltd v Bogoshi 1998 (4) SA 1196
(SCA) that should be taken into account when determining whether
publication of false, defamatory information in the press is nevertheless
reasonable and therefore not unlawful. (5)
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