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MDL611S - MEDIA LAW - 1ST OPP - JUNE 2023 |
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nAm I BI A u n IVE RS ITV
OF SCIEnCE Ano TECHnOLOGY
FACULTY OF COMPUTING AND INFORMATICS
DEPARTMENT OF JOURNALISM AND MEDIA TECHNOLOGY
QUALIFICATION: BACHELOR OF JOURNALISM AND MEDIA TECHNOLOGY
QUALIFICATION CODE: 07BJOU
COURSE LEVEL:NQF LEVEL6
COURSE: MEDIA LAW
COURSE CODE: MDL611S
DATE: JUNE 2023
DURATION: 3HRS
SESSION: 1
MARKS: 100
EXAMINER(S)
FIRST OPPORTUNITY EXAMINATION QUESTION PAPER
DR. N. MPOFU; MS. E. KUUGONGELWA
MODERATOR:
MS. M. HANEKOM
THIS EXAMINATION PAPER CONSISTS OF 4 PAGES
(INCLUDING THIS FRONT PAGE)
Instructions for the students
1. Answer all questions in Section A and Section B.
2. Read all the questions carefully before answering.
3. Number the answers clearly
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SECTION A
QUESTION 1
[10 x 2 = 20 Marks]
Indicate whether the following statements are true or false. No motivation is required.
1.1 The High Court of Namibia is the highest court in the country.
1.2 The Namibian Constitution does not expressly protect human dignity.
1.3 Publication for the purpose of defamation is only limited to speech or print.
1.4 The right to freedom of speech and expression is absolute in Namibia.
1.5 Anger and provocation is a defence to a claim on defamation.
1.6 Jest is a defence for contempt of court.
1.7 A trademark is an example of a copyright.
1.8 Copyright in Namibia exists for during the lifetime of the author plus 60 years from the date that the
author dies.
1.9 In terms of the common law a media practitioner who is aware that a treasonable act has been
committed need not report such act to the Police if he has received the information from a confidential
source.
1.10. In law, the invasion of privacy is considered an injury to a person's dignitas.
QUESTION 2
Briefly answer the following questions:
3.1
Mention any 4 (four) sources of Namibian law.
3.2
What is the most important law in Namibia?
3.3
What is a subpoena?
3.4 What are the two domains of intellectual property rights?
[10 Marks]
(4)
(1)
(3)
(2)
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QUESTION 3
[20 Marks]
A local newspaper publishes a story in which it is alleged that a prominent politician is "broke" and unable to
pay maintenance for his many children as he spends his entire salary on women. The article went on further
to call for the politician's resignation citing that "Members of the Namibian society cannot be represented
by irresponsible politicians who fail to take care of their children".
The politician is furious as these are private facts pertaining to his personal life and immediately instructs his
lawyers to issue summons for invasion of privacy against the editor of the newspaper and the journalist who
wrote the story.
In the subsequent trial the journalist who wrote the story claims that she chose to publish the article for the
public's interest as the public deserves to know what kind of political leaders they have voted into power.
Answer the following questions:
3.1
List the elements/ requirements that the politician will need to prove in order to succeed with his
claim. (4)
3.2
In which two forms can the invasion of privacy can take place?(2)
3.3
Mention any 5 (five) guidelines that the courts have outlined which may be considered in
determining whether a particular publication is in the public interest. (10)
3.4 Apart from public interest, list any 4 (four) justifications/defences that may be relied upon in action
for invasion of privacy. (4)
SECTION B
QUESTION 4
[20 Marks]
Court reporting fulfils one of the key normative roles of journalism that of reporting what is in the public
interest.
a)
Define court reporting. (2)
b)
Identify any four (4) phases of the legal process and explain essential components of each phase that
journalists must be aware of. (8)
c)
Discuss at least five (5) challenges associated with court reporting. (10)
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QUESTION5
[15 Marks]
The 2021 World Press Freedom Day celebrations in Namibia highlighted that media freedom faces a new set
of challenges. Discuss the five (5) new and historic challenges which have the potential of affecting media
freedom.
QUESTION 6
[15 Marks]
Advertising is defined as the paid form of non-personal communication aimed at influencing the mental
mindset of users and potential users of products and services.
a.
Elaborate on six (6) elements of unacceptable advertising. (12)
b)
Provide reasons why advertising is important for the media. (3)
*THEENDOF EXAM*
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