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LEC721S - LEGAL AND ETHICAL ISSUES IN COMMUNICATION - 1ST OPP - NOVEMBER 2022 |
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n Am I BI A u n IVER s ITY
OF SCIEnCE Ano TECHnOLOGY
FACULTY OF COMMERCE, HUMAN SCIENCE AND EDUCATION
DEPARTMENT OF COMMUNICATION AND LANGUAGES
QUALIFICATION: BACHELOR OF COMMUNICATION
QUALIFICATION CODE: 07BACO
LEVEL: 7
COURSE CODE: LEC 721S
COURSE NAME: LEGAL AND ETHICAL ISSUESIN
COMMUNICATION
SESSION: NOVEMBER 2022
DURATION: TWO HOURS
PAPER: (PAPER 1)
MARKS: 50
FIRST OPPORTUNITY EXAMINATION QUESTION PAPER
EXAMINER(S} Dr C PEEL,MR T ASINO
MODERATOR: Dr. M NASSOR
INSTRUCTIONS
1. Answer TWO questions only.
2. Read all the questions carefully before answering them.
3. Indicate whether you are a FT, PT, or DE student.
THIS QUESTION PAPER CONSISTS OF _5_ PAGES (Including this front page)
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QUESTION 1
LEC
25 MARKS
With the aid of well-explained, relevant examples, define and distinguish between
folkways, taboos, and laws.
QUESTION 2
25 MARKS
(a) Explain and justify the necessity of civil discourse in any society, using at least
one example
(12.5 marks)
(b) Outline the 11 contrasting features of civil and uncivil discourse. Critique each
contrast, and provide examples in each case.
(12.5 marks)
QUESTION 3
25 MARKS
(a) Explain, according to your understanding of how Ethics is defined, whether or
not it provides a different standard of restricting human behaviour than
statutory law.
5 marks
(b) Apply appropriate ethical standards and legal statutes (one each) to correct
wrongful practice in each of the following examples:
i. A message posted on a WhatsApp group alleging that a member of that group
has defrauded a public company
10 marks
ii. A video posted online which shows recognizable members of a university
sports team changing and showering in the changing rooms of a sports
ground.
10 marks
QUESTION 4
25 MARKS
With the use of appropriate industry examples, distinguish between a code of
conduct and a code of ethics. Which would you prefer to implement, and why?
Your answer should include:
(a) Definition of the two codes, and how to distinguish one from another (2x2=4).
(b) Which of the two codes would you prefer for your business or your own
practice? Justify your preference by articulating the strength of your choice in
comparison with the type of code you would not prefer.
(4.5+4.5 = 9)
(c) Draft a media/communication industry code of conduct and a code of ethics -
one each, with a m1-nimum of five guidelines apiece.
(2.x6=12).
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J
QUESTION 5
LEC
25 MARKS
In his determination of a lawsuit brought by the First Lady of Namibia against an
opposition politician {Geingos v Hishoono), a Windhoek High Court judge, Justice
Sibeya, observed, in part, that:
-:i "The right for human dignity is entrenched in our Constitution which provides
that:
'Article 8 Respect for Human Dignity
The dignity of all persons shall be inviolable ...'
(cited in sub-section 38, Geingos vs Hishoono);
, "The constitution is the law which all other laws, common law and statutory laws,
must conform to. The constitution is therefore the point of departure in a quest
to protect the fundamental rights and freedoms (sub-section 44, Geingos v
Hishoono).
o "It follows from the above Constitutional provisions and interpretation that
where one's dignity is violated through defamatory statements, the protection
provided for in the Constitution cannot be sidestepped. The Constitution, in my
view, is the starting point to enforce the guarantee provided for therein,
including the guarantee that human dignity shall be inviolable. Damages
sustained as a result of the violation of human dignity, including damages arising
from defamation, may be awarded to the injured party (sub-section 45, Geingos v
Hishoono).
e "Reputation and dignity are two distinct concepts. Reputation, as stated before,
constitutes the perception and good name of a person in the eyes of the
community. Dignity which is inviolable, as per the Constitution, is a given.
Everyone has it for inherently being human and cannot be taken away. The right
to life, would mean less, without respect for human dignity. That is the
magnitude of dignity. Respect for reputation and dignity of others is a
requirement of law with consequences for defaulters (sub-section 47, Geingos v
Hishoono).
e "The training, work experience and accolades of the plaintiff set out herein above
are not in dispute and are adorable by any standard. They are accolades which
deserve to be celebrated. People must be encouraged to take pride and
celebrate in the successes of fellow citizens and any attempts to tarnish the
image of such persons must be rebuked in the strongest words" (sub-section 48,
Geingos v Hishoono).
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Conclusion
o The video recording which was politically motivated, is, in the premises,
defamatory and injured the plaintiff in her good reputation, violated her dignity
together with that of her family, including the children. I find that the plaintiff
proved that she sustained damages arising from the aggravated defamation
caused to her good reputation and dignity should therefore be entitled to an
increased award (sub-section 65, Geingos v Hishoono).
o The plaintiff, the First Lady, is a public figure who has accomplished successes in
the business field. She is a woman of independent thinking who led several
companies and institutions. She has been engaged in projects aimed at poverty
alleviation in Namibia. Her efforts have not gone unnoticed domestically in
Namibia and internationally. Her good reputation deserves protection from been
trampled on. Her dignity and that of her family is inviolable (sub-section 72,
Geingos v Hishoono).
The nature of the words used
o The defamatory statements made by the defendant were barbaric to say the
least. The defendant attempted to justify his defamatory statements during
pleadings which demonstrated further defamation with a conscious, clear as day,
that the defamatory statements made, were politically motivated. His motive
was therefore to score cheap politica I points at the detriment of the plaintiff and
her family (sub-section 73, Geingos v Hishoono).
ASSIGNED QUESTION AND SUB-QUESTIONS:
Critically respond to the sub-questions below, relating your answers to the
statements quoted above from Justice Sibeya's judgement, particularly those that
you consider to address the sub-questions (N.B.: The candidate is required to
quote from, and cite, the relevant statements). Arrange your answers in the order
of the sub-questions below.
(a) Explain how the court found' Hishoono's content and actions to have injured
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the First Lady's dignity.
[5 marks]
(b) The Constitution is a country's supreme law. Explain in your own words how
Justice Sibeya's judgement underlines this fact. Explain also how you understand
the supreme law to relate to other categories of law in the land. Name and
describe those categories.
[6 marks]
(c) Analyse in your own words the judge's distinction between "reputation" and
"dignity". Why would you agree with that distinction?
[2 marks]
(d) The judge's comments placed significant weight on the achievements and status
of the plaintiff, not only as the country's First Lady, but as an entrepreneur and
philanthropist in her own right. Discuss the "good name and reputation" as an
aggravating factor of reputation damage in cases where the injury was
undeserved.
[5 marks]
(e) Identify five elements of defamation which would lead to a lawsuit's success, and
explain how these elements relate to the findings of the court in the Geingos v
Hishoono case.
[7 marks]
End of Examination Question Paper
Total: 50 marks
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nArnlBIA
UnlVERSI Y
OF SC!=n: ;;no
TECHnOLG Y
P/Bag13388
Windhoek
NAMIBIA
2022-10-18
FACULTY OF HUMAN SCIENCES
DEPT: TECHNICAL AND VOCAT!ONAL
EDUCATIOI~ AND TRAINING