LCR4803 ASSIGNMENT 01 SEMESTER 02 ANSWERS
ASSIGNMENT 1 Media Law
1.1 In 1644 Milton developed his speech theory based on a quest for the truth. This was done to protest the licensing of publications by the government of his day. Today, 360 years later, licensing remains problematic, although f...
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, ASSIGNMENT
1.1. In 1644 Milton developed his speech theory based on a quest for the
truth. This was done to protest the licensing of publications by the
government of his day. Today, 360 years later, licensing remains
problematic, although freedom of speech has been acknowledged.
(a) What is the situation in South Africa at present regarding:
(aa) the licensing of publications, especially of newspapers, and (bb) the
licensing of broadcasting services?
Explain in detail whether control is exercised over (aa) and (bb) above
licensing. Indicate whether licensing is applicable, and if so, discuss the
various aspects pertaining to licensing, for example,
(i) the categories of licenses.
(ii) the person or institution issuing the licenses.
(iii) the person or institution to whom complaints regarding the services in the
case of (aa) and (bb) should be directed.
Licensing of publication especially newspapers and magazines in South Africa is not
as restrictive as that of broadcasting services. The country’s constitution allows
freedom of speech and assembly, freedom of the press and all other media in
section 16 of the constitution. Newspapers and other forms of print media do not
need government sanction in the form of any license to operate. But they are limited
by the general laws including the anti-defamation law, hate speech and any other
restrictions spelt by the law with a view of preserving security, order and rights of
some individuals and countries.1
Newspapers are not required to possess license but their conduct comes under the
authority of the Press Council of South Africa which is an autonomous body that
controls the manner of operation of journalists and newspapers. The Press
Ombudsman deals mainly with complaints arising from violation of the Press Code,
which spelt out the code of ethics of print media and online media in Zimbabwe. The
Press Council is a voluntary organization that media houses associate with and the
council has the authority to act on complaints against any member press house. 2
1
Constitution of the Republic of South Africa, 1996.
2
Press Council of South Africa, "About the Press Council".
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