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 ...
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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]
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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.
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