SECTION A

QUESTION 1

A. Constitutional broadcast: Principles that recognise South Africa broadcasting

system and comprises public, commercial and community elements which makes
use of radio frequencies that are public property and provides, through programming.

B. No: They cannot enjoy the copyright because that is not their work they didn’t
write the book and they are taking someone else’s work and pretend like its theirs.

C. Copy rights: Is the right of ownership that a person may have over something her
or she has created, the owner obtains a monopoly over his or her creation.

D. Trade coupon: Anything whatsoever which either by itself or in connection with

any other thing or act, entitles or purpose to entitle the holder therefore to receive or
participate in any competition for any benefit.

E. To make prelimary investigation as it may consider necessary into or confer with

any interested party in connection with any unfair business practice which allegedly
exists or may come into existence.

F. Yes: a delict occurs when one party commits a wrong against another, the basic
elements of delict are conduct, wrongfulness, fault and accusations.

G. The defamer must intend to defame a person, there must be harm or injury and
the publication must violate a person’s right to his/her good name. reputation and
dignity.

H.

I. No: Civil cases are handled by the district magistrate courts but they are under
magistrate court and regional magistrate courts makes decision with help of
assessor’s magistrate court.

J. Yes: Maintenance courts deals with cases where one person has a legal
obligation to support another (example) man is obliged to support his wife and
children and neglects to do so.

SECTION B

QUESTION 1
1.1 Everyone has the right to freedom of expression which includes the following:
Freedom to the press and other media.
Freedom to receive or impart information or ideas.
Freedom of artistic creativity; and.
Academic freedom and freedom of scientific research.

The rights in subsection 1 does not extend to:

Propaganda for war.
Incitement of imminent violence; or.
Advocacy of hatred that is based on race, ethnicity, gender or regional and that
constitutes incitement to cause harm.
1.2 The press provides the individual with an information service covering a very
wide range of topics, the influence of press assists individual in achieving his or
her own development.
Press plays a cultural role in providing information and comment matters of
cultural interest and importance to various language and population groups.

QUESTION 3

3.1 I, it provided fundamental rules for the functioning of the telecommunication

industry (here we will encounter the aspect of licencing). Act is also made provision
for the creation of regulating body, namely the South African telecommunication
regulatory authority.

II. this act provides for the establishment of ICASA (the independent regulator) the
dissolution of SATRA and the IBA, and the transfer of the functions of SATRA and
IBA to ICASA, the purpose of act is therefore to regulate broadcasting and
telecommunication.

III. Establishing and developing a new broadcasting policy in the public interest by
transforming the South Africa broadcasting corporation (SABC) from a state
broadcaster to the public broadcaster and opening the air waves of new broadcaster,
ensuring fair competition and encourage investment in the broadcasting sector.

QUESTION 5

4.1
A. X is the owner in the copyright in the Mona-Lisa painting.

B. Leornando Da Vinci is the owner of the copyright in the advertising poster.

C. X is not the owner of the poster and therefore will not rely on any defences
because she took someone else work and changed its colour to be hers.

D. X is the owner of the script in documentary film.

E. X is still the owner of the script in copyright because there was no agreement
between x and y.

F. X is still the owner of the script because Z didn’t obtain permission from X.

G. X is still the owner of the copyright even after sales because they didn’t agree on
the changing of ownership.

4.2 A.

B.

4.3 I, Judical offer: A person with the responsibility and powers to facilitate, arbitrate,
preside over and make decisions and directions regarding the application of the law.

Ii, Judical body: Is a non-judical body which interpret the law, it is an entity such as
an arbilation panel or tribunal board, which can be a public administrative agency but
also a contract.

QUESTION 5

5.1 Yes: Zodwa can insinuate proceedings for defamation against celeb-news
magazine because what they are saying are allegations and they do not have proof
of it.

It will be easier for zodwa to prove to magistrate courts that she is not guilty because
there is no proof of what they are saying and in return they can pay for all damages
they have caused to her reputation and business, Zodwa can take legal proceedings
against celeb-news magazine because defamation of character is a crime.

5.2 Absolute privilege: The statement of the defendant is absolutely protected in the
sense that there cannot be liability if the defendant can prove that there is a
privileged occasion, even if the allegations were irrelevant (example) based on a
desire to cause harm.

5.3 consistent

Public interest

Truth

Freedom of expression

QUESTION 6

6.1 The plaintiff must prove that the defendant made a false representation (an act)
that he knew to be false (wrongfulness)

The plaintiff must have suffered, or must be likely to suffer, loss (damage) because
of the false representation (causation).

The defendant must have intended to cause the plaintiff such as loss (fault).

Examples from case law:

A manufactured a particular cigarette, his competitor B started spreading false

rumours about A’s particular cigarette, a gist of these rumours was that manufacture
A practised a racial discrimination and that the cigarette cause tuberculosis, these
rumours destroyed the market for A’s cigarette the court held that A was entitled to
damages from B.

6.2 XX classification

X18 classification.