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MDL611S - MEDIA LAW - 2ND OPP - JULY 2024 |
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nAmlBIA UnlVERSITY
OFSCIEnCEAno TECHn OLOGY
FACULTYOF COMPUTING AND INFORMATICS
DEPARTMENTOF JOURNALISMAND MEDIA TECHNOLOGY
QUALIFICATION: BACHELOROFJOURNALISMAND MEDIA TECHNOLOGY
QUALIFICATIONCODE: 07BJOU
COURSELEVEL:NQF LEVEL6
COURSE:MEDIA LAW
COURSECODE:MDL611S
DATE: JULY2024
DURATION: 3HRS
SESSION:1
MARKS: 100
SECOND OPPORTUNITY/SUPPLEMENTARYEXAMINATION QUESTION PAPER
EXAMINER(S) DR. N. MPOFU; MS. E. KUUGONGELWA
MODERATOR: MS. M. HANEKOM
THIS EXAMINATION PAPERCONSISTSOF 4 PAGES
(INCLUDING THIS FRONTPAGE)
Instructionsfor 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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SECTIONA
Answer all questions
QUESTION 1
[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.
[10 x 2 = 20 Marks]
QUESTION2
[20 Marks]
A local newspaper publishes a story in which it is alleged that a prominent politician is engaged in
shady business deals involving prostitutes and Chinese weapons.
The politician is furious and immediately instructs his lawyers to issue summons for defamation
against the editor of the newspaper and the journalist who wrote the story.
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In the subsequent trial the journalist who wrote the story is called to give evidence. She informs the
court that she is in possession of documents proving the truth of the allegations made in her story,
but these were handed to her by a source on a promise of anonymity. A subpoena is issued to
compel her to produce her documents. Despite this, she refuses to produce the documents.
Answer the following questions:
2.1 List the elements / requirements that the politician will need to prove in order to succeed
with his claim. (4)
2.2 What is a subpoena? (2)
2.3 Does the journalist have any legal rights to refuse to produce the documents? Motivate
your answer. (5)
2.4 The editor and publisher of the newspaper wish to raise the defence of "truth and public
interest" against the claim for defamation. Briefly discuss what this defence entails under
the Namibian jurisdiction. (9)
QUESTION 3
(10 Marks]
DiscussContempt exfacie curiae pertaining to pending judicial proceedings. {10)
SECTIONB
Answer all questions
QUESTION 4
(15 Marks]
Court reporting is derived from the principle of 'right to open justice'. Assessthe following phases
of the legal process and describe essential components in the legal process that a journalist ought
to be familiar with when reporting on court proceedings:
• Investigative (5)
• Charging (5)
• Trial (5)
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QUESTION5
(20 Marks]
The Code of Ethics and Conduct for Namibian Print, Broadcast and Online media serves to "raise
the standards of journalism in Namibia". Discussthe provision of Chapter 1, section 3 of the Code
regarding the process of 'gathering and reporting of news'. Make reference to relevant examples
from the Namibian media to support your answer.
QUESTION6
(15 Marks]
Discuss the issues that were addressed during the "Declaration of Windhoek on Promoting an
Independent and Pluralistic African Press (03 May 1991) and reflect on whether these issues still
need attention in today's media environment.
*THEENDOF EXAM*
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