Flashcards
Media Law
Cards in this deck (26)
- 1Internal LimitationsThere are limitations that
are right specific and contain limitations or
qualifications to the particular right that is
dealt with - 2Constitutional LimitationsSection 36(2) - a law may limit any right
entrenched in the Bill of Rights
Cannot derogate from: life and dignity - 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’. - 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 - 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 Section 37 of the constitutionallows for
emergency legislation to provide for
derogation of rights in the constitution,
including freedom of expression - 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 - 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 - 9Section 154, read with section 153court may direct that no information
relating to certain criminal proceedings may be published - 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. - 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 - 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 - 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 - 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 - 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 - 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 - 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 - 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. - 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 - 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. - 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 - 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 - 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 - 24Remedies for DefamationThe publication of a retraction and an
apology by the media organization concerned
An action for damages
An action for prior restraint - 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’. - 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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- Lwazi Kitso Ndim
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