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COM3702 EXAM PORTFOLIO 2023 DUE 28 OCTOBER
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,1 INTRODUCTIONSEMESTER 2
ASSESSMENT 03
EXAMINATION PORTFOLIO
1 INTRODUCTION
Refer to feedback you received on Assessment 01.
2 MEDIA POLICY AND REGULATION [20]
2.1 Internal and external media regulation
Read the Film and Publication Bill to do the following:
2.1.1 Give a brief overview of the Bill and then discuss whether the Bill can be
regarded as internal or external regulation.
The Film and Publication Bill is a piece of legislation that seeks to regulate the
film and publication industries in South Africa. Its main goal is to protect
children and vulnerable individuals from harmful content, while also promoting
the free flow of information and creative expression.
The Bill can be regarded as a form of external regulation. This is because it is a
statutory law enacted by the government to establish guidelines, standards, and
restrictions for the film and publication industries. It sets out the rules and
regulations that individuals and entities in these industries must adhere to, and
failure to comply can result in penalties or legal consequences.
The external regulation aspect of the Bill is evident in its specific provisions
related to classification, age restrictions, and content monitoring. It establishes
a Film and Publication Classification Committee, which is responsible for
classifying and categorizing films, publications, and games based on their
content and suitability for different age groups. The Bill also empowers the
committee to impose restrictions and conditions on certain content, particularly
,if it is deemed to be harmful or inappropriate for children or vulnerable
individuals.
Furthermore, the Bill outlines provisions for content monitoring and
enforcement, where designated enforcement agencies have the authority to
take action against individuals or entities that violate the regulations. This
includes the power to issue take-down notices, seize prohibited materials, and
initiate legal proceedings against offenders.
Overall, the Film and Publication Bill can be seen as an external regulation
because it is a legislative framework imposed from outside the industries it
regulates, aiming to maintain certain standards, protect the public, and
safeguard vulnerable individuals.
2.1.2 Write a critical discussion in which you demonstrate your understanding of
freedom of expression and the limitations thereof.
Freedom of expression is a fundamental human right that allows individuals to
express their opinions and ideas without fear of censorship or punishment. It is
a cornerstone of democracy and an essential aspect of a free and open society.
However, like any other right, freedom of expression is not absolute and can be
subject to certain limitations for the greater good of society. This critical
discussion aims to demonstrate an understanding of both the importance of
freedom of expression and the limitations that can be imposed.
Firstly, the importance of freedom of expression cannot be overstated. It
enables individuals to voice their opinions, challenge established norms, and
contribute to public discourse. Freedom of expression allows for the sharing and
dissemination of knowledge, facilitating the exchange of ideas and fostering
intellectual development. It is instrumental in holding governments and
powerful entities accountable, as it enables the critique of policies and actions
that may be detrimental to society.
, Additionally, freedom of expression is crucial for the protection of minority
rights. It empowers marginalized communities to raise awareness about their
struggles and advocate for social change. By allowing diverse perspectives to be
heard, freedom of expression promotes inclusivity, tolerance, and the growth of
pluralistic societies.
However, it is important to acknowledge the limitations that can be placed on
freedom of expression. These limitations are imposed to safeguard against
harms that may result from unrestricted speech. For instance, hate speech,
which incites violence or discrimination against a particular group based on
characteristics such as race, gender, or religion, is often restricted. This
limitation is justified as it seeks to protect individuals from harm and maintain
social cohesion.
Furthermore, there are limitations on freedom of expression in the form of
defamation laws. While freedom of expression allows individuals to express
their opinions, it does not protect false statements that harm someone's
reputation. Defamation laws ensure that individuals are not subjected to
baseless and damaging allegations, striking a balance between freedom of
expression and the right to protect one's reputation.
Another limitation is related to national security. In certain cases, governments
may impose restrictions on the freedom of expression to prevent the
dissemination of sensitive information that could endanger public safety. This
limitation, however, should be subject to strict scrutiny to prevent misuse and
ensure it is not used as a tool to suppress dissent.
In conclusion, freedom of expression is a vital human right that fosters
democracy, social progress, and the protection of minority rights. However, it is
not without limitations. Certain restrictions on freedom of expression, including
those related to hate speech, defamation, and national security, are necessary
to prevent harm and maintain societal harmony. Striking the right balance
between protecting individuals and allowing free expression to flourish is
essential in upholding the values of a democratic society.
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