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Flashcards

Media Law

Lwazi Kitso Ndim English 26 cards

Cards in this deck (26)

  1. 1Internal LimitationsThere are limitations that
    are right specific and contain limitations or
    qualifications to the particular right that is
    dealt with
  2. 2Constitutional LimitationsSection 36(2) - a law may limit any right
    entrenched in the Bill of Rights
    Cannot derogate from: life and dignity
  3. 3Freedom of Expression section 16(1)‘Everyone has the right to freedom of
    expression, which includes
    (a) freedom of the press and other media
    not limited to speech but extends to
    nonverbal or non-written ‘expression’.
  4. 4Constitutional provisions requiring Caution From The MediaRight To to human dignity
    Section 10 Constitution - everyone has
    inherent dignity
    Right to privacy
    - Boundaries that need to be respected by
    the media
  5. 5S 16 – the right does not extend to:Propaganda for war
     Incitement to imminent violence
     Advocacy of hatred based on race, ethnicity,
    gender, religion – constitutes incitement to
    cause harm
  6. 6 Section 37 of the constitutionallows for
    emergency legislation to provide for
    derogation of rights in the constitution,
    including freedom of expression
  7. 7Section 205 :empowers a presiding officer to call any person who is likely to give
    material or relevant information as to any alleged offence to come to
    court and to be examined by the public prosecutor
  8. 8Section 154(3)prohibits the publication of the identity of an accused
    person or of a witness in criminal proceedings if under 18 years of age,
    unless the court rules that such publication would be just and equitable
  9. 9Section 154, read with section 153court may direct that no information
    relating to certain criminal proceedings may be published
  10. 10National Prosecuting Authority Act, Act 32 of 1998Section 28, read with sections 1 and 7(1): an
    investigating director within the National
    Prosecuting Authority to conduct
    investigations into specific offences, as set
    out in a proclamation by the president.
  11. 11Section 28(6)investigating director who
    is looking into such specified offences to
    summon any person who is believed to be
    able to furnish any information on the subject
    of the investigation for questioning
  12. 12Child Justice Act, Act 75 of 2008Section 45 specifically makes the provisions
    of section 154 of the Criminal Procedure Act
    applicable to minors in preliminary inquiries
  13. 13Child Justice Act, Act 38 of 2005Section 74: prohibits the publication ‘in any
    manner’ of any information relating to the
    proceedings of a children’s court which may
    reveal the name or identify of a child who is a
    party or witness to a proceeding, without the
    permission of the court
  14. 14Divorce Act, Act 70 of 1979Section 12(1): an offence to ‘publish for the
    information of the public’ any particulars of a
    divorce action or any information which
    comes to in the course of a divorce action
    other than: the names of the parties to a
    divorce action; or the judgment or order of
    the court
  15. 15Defense Act, Act of 42 of 2002Section 12(1): an offence to ‘publish for the
    information of the public’ any particulars of a
    divorce action or any information which
    comes to in the course of a divorce action
    other than: the names of the parties to a
    divorce action; or the judgment or order of
    the court
  16. 16Protection of Information Act, Act 84 of 1982section 4: an offence to publish a range of
    security-related information, e.g. official
    codes or passwords, or confidential
    information that has been entrusted to a
    person by the government
  17. 17National key Points Act, 102 of 1980Section 2 allows the minister of defence to
    declare any place a national key point.
     section 10(2): any person who provides any
    information relating to security measures in
    relation to a national key point or to any
    incident that took place at such national key
    point without being legally obliged or entitled
    to do so, or without the authority of the
    minister of defence, is guilty of an offence
  18. 18Correctional Services Act, Act 111 of 1998Section 123(1) prohibits the publication of
    any account of prison life or of conditions
    that may identify a specific prisoner, unless
    the prisoner concerned has granted
    permission for such publication.
  19. 19South African Police Service Act, Act 68 of 1995section 69(2) of the Police Service Act, any
    person who, without the
     permission of the national or provincial police
    commissioner, publishes a photograph or sketch
    of a person who is in police custody and Who is suspected of having committed an offence
    and a decision on prosecution is pending
  20. 20Defamationpart of the common law of South Africa.
     unlawful publication of a statement about a
    person, which lowers his or her standing in
    the mind of an ordinary, reasonable and
    sensible person.
  21. 21DefamationOnce it is proved that a defamatory statement
    has been published, two legal presumptions
    arise:
     That the publication was unlawful
     The person publishing had intention to
    defame
  22. 22Defenses to an action for DefamationTruth in the public interest
     Absolute privilege – for example, a member of the
    National Assembly speaking in Parliament
     Statements made in the discharge of a duty – for example,
    the duty to provide information in connection with the
    investigation of a crime, enquiries as to the
    creditworthiness of a person, etc.
     Statements made in judicial or quasi-judicial proceedings
    Reporting on proceedings of a court, Parliament or of
    certain public bodies
     Fair comment upon true facts and which are matters of
    public interest
     Self-defence (to defend one’s character, reputation or
    conduct)
     Consent
  23. 23BOGOSHI JUDGEMENT key factors in determining whether the media’s conduct is reasonable will includeNature and tone of the allegations
     Nature of the information on which the
    allegations were based, for example, if the
     information is related to an important political
    issue or not
     Reliability of the source of the allegations
     Steps taken to verify the allegations
     The general standard of care adopted by the
    media in the particular circumstances
  24. 24Remedies for DefamationThe publication of a retraction and an
    apology by the media organization concerned
     An action for damages
     An action for prior restraint
  25. 25The Sub Judice RuleThe sub judice rule guards against people
    trying to influence the outcome of court
    proceedings while legal proceedings are
    under way:
     ‘It is contempt of court to publish information
    or comment regarding a case which is
    pending and which may tend to prejudice the
    outcome of the case’.
  26. 26The South African Protection of State of Information Bill (Secrecy Bill)aims to regulate the classification, protection
    and dissemination of state information,
    weighing state interests up against
    transparency and freedom of expression.
     It will replace the Protection of State
    Information Act, 1982, which currently
    regulates these issues.

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Flashcards on Media Law , created by Lwazi Kitso Ndim on 25/06/2014.
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