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Media Law and Ethics

Media Law and Ethics. Notes For 2 nd year Journalism Students Prepared by: Ms A. Ngcobo. Learning Unit 1: The Concept of Law. Why should journalist study Media Law and Ethics

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Media Law and Ethics

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  1. Media Law and Ethics Notes For 2nd year Journalism Students Prepared by: Ms A. Ngcobo

  2. Learning Unit 1: The Concept of Law Why should journalist study Media Law and Ethics • Avoid the many pitfalls faced daily by the journalist or media practitioner, especially the very real threat and significant expense of being sued. • Make wise decisions in the face of many legal principles that affect his/ her daily tasks. • Complete the everyday routine of interviewing people, writing up news and broadcasting in a manner that pays heed to the laws around privacy, defamation and access to information as well as the larger Constitutional Framework within which our law now functions. • Add value to, advance and constantly underpin the very important democratic principle of freedom of expression (which encapsulates press freedom), whilst avoiding the abuse of freedom of expression. • Inform and educate the public in a responsible and legal manner. • Develop critical and independent thinking around issues of ethics and morality. • Cultivate thinking that is systematic, ordered and logical. • (Jansen and Nel, 1998: p. 5)

  3. The South African Legal System • South African Law can broadly be divided into Private Law and Public Law. • Public Law controls the relationship between the State and its citizens, for example Criminal Law. • Private Law governs the relationships between citizens in their dealings with each other, for example The Law of Persons, Family Law and the Law of Property. • Sources of South African Law • If “the origins” of South African law refers to where our law comes from, then the “sources” of South African Law are about where to find our law. • South African Law consists of various sources, some of which are authoritative (in other words they bind our courts; our courts are obliged or bound to follow them) others of which are persuasive (in other words they have persuasive value only and our courts are not bound by them)

  4. South African Constitution • The most important piece of legislation in South Africa is the Constitution of the Republic of South Africa Act 108 of 1996 (“the Constitution). This is the supreme law of the Republic and so any law or conduct that does not accord with the Constitution is of no force or effect (in other words it is invalid). • Chapter Two of the Constitution consists of a Bill of Rights, which entrenches basic human rights such as equality, freedom of trade and freedom of expression. The rights entrenched may only be limited, in terms of Section 36, the “Limitations Clause” in the interests of other competing rights based on what is “reasonable and justifiable in an open and democratic society based on human dignity, equality and freedom”. • The South African court system is divided into two (2) groups: • Superior Courts • The Constitutional Court, the Supreme Court of Appeal and provincial and local divisions of the High Court are all superior courts. • Inferior (or Lower) Courts • These include the Magistrates’ Courts, Small Claims Courts and Community Courts. • The inferior courts are bound to follow the decisions of superior courts. • We shall now examine these courts in more detail

  5. THE LAW • • THE LAW is a set of rules which govern the way people behave • • In a DEMOCRACY the public help to make the law and the law brings order to • society by determining boundaries of behaviour • • CONSTITUTIONAL law tells you how the State is organised and what your human • rights are • • CRIMINAL law sets out how the State expects you to behave in society • • CIVIL law sets out your rights and duties in private relationships with other people

  6. THE SOURCES OF LAW • • STATUTE LAW • This is written law, made by Parliament. • COMMON LAW • This is inherited law from the Roman Dutch laws and English laws. Many of the • general principles of law come from the common law. • • CUSTOMARY LAW • This is law that develops from customs of a community. Customs only become law • when they are: generally known by the community and followed by everyone in the • community and are enforced in some way. • • INTERNATIONAL LAW • This law is made up of international standards, rules and principles, which are • binding on States when they interact with each other and that reflect the need for • co-operation between national governments. The South African Constitution says • that international law must be considered when interpreting the Bill of Rights. • • FOREIGN LAW • These are judgements and statutes from other countries around the world, which • are courts may consider when deciding similar cases in this country

  7. Magistrates’ Courts • These courts have a lower status than the High Courts and have jurisdiction in both criminal and civil cases (see definitions below). • These courts are divided into Regional Courts and District Courts. Regional Courts have jurisdiction in all matters except treason. District Courts can hear all cases except treason, murder and rape. Magistrate’s Courts have very limited jurisdiction in comparison with the jurisdiction of the superior courts. Small Claims Courts • These courts were instituted in 1985 to assist the parties involved in a dispute, to resolve and put an end to their dispute quickly and inexpensively. These courts have jurisdiction to hear any civil matter not exceeding R12 000 (Section 16 of the Small Claims Court Act).

  8. Stare Decisis • In accordance with the doctrine of Stare Decisis, which literally means “the decision stands”, the decisions of our superior courts, bind all courts of equal or lower standing; in other words judicial officers presiding in matters are bound to follow previous decisions of their own court or superior courts. Although it is essentially the task of the judge merely to apply the law, the effect of his or her decision may be to interpret law, extend or adapt an existing common law principle and even to create law. • A court is bound by its own decisions unless and until they are overruled by a superior court. • 7 The Difference between Civil and Criminal Cases • Criminal cases take place when a person commits a crime and thus damages the interests of the community. • The state acts as the champion of the general public and has to prosecute criminals and obtain their punishment. The prosecution must prove the case “beyond a reasonable doubt”. (Kopel, 2002: p 22) • Civil cases differ in that the state does not play any role in bringing any of the parties before the court. It is the task of the aggrieved party (plaintiff) to bring his/ her opponent (defendant) before such court. The plaintiff, in order to succeed in his or her claim, must prove his or her case on “a balance of probabilities” – in other words, if the probabilities favour the plaintiff’s version of events then judgment will be given in his/ her favour. (Kopel, 2002: p. 22)

  9. Homework Exercise • These are the laws that govern the South Media, search these law in the internet and find out what they mean briefly: • Broadcasting Act No. 4 of 1999; • Broadcasting Amendment Act No. 64 of 2002; • Electronic Communications Act No. 36 of 2005; • Electronic Communications and Transactions Act, 2002; • National Film and Video Foundation Act No. 73 of 1998; • Promotion of Access to Information Act No. 2 of 2000; • Telecommunications Act No 103 of 1996; • Publications and Entertainment Act 65 of 1996; • Independent Communications Authority of South Africa Act 13 of 2000 (ICASA).

  10. Revision Exercise • 1. Define the term “law”. • 2. Discuss why it is important to have a knowledge of the law. • 3. Name the various sources of South African Law, setting out whether they are authoritative or persuasive sources. • 4. Explain the principle of Stare Decisiswith reference to the organisation and hierarchy of South African Courts. • 5. Name the most important piece of legislation in South Africa. • 6. What is Private Law? • 7. What is Public Law? • 8. Find one newspaper clipping concerning a court case. • 9. Identify in which court the case is taking place. • 10. Briefly explain why you think it is being heard in that court. • Identify whether it is a criminal or civil case. • 12. Do research on the Internet and find out who is the current Chief Justice of South Africa

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