J, a journalist at News SA, writes an article about corruption regarding the awarding of a...
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J, a journalist at News SA, writes an article about corruption regarding the awarding of a tender to XYZ company by a government department for the supply of face masks and medical equipment during the COVID-19 pandemic. XYZ company sues the journalist and the newspaper for defamation and files for discovery of their documents. The journalist and the newspaper provide all the documents as requested but edit out the names of the authors. Upon request to disclose the names, they refuse on the grounds that: (1) the disclosure would unduly and unlawfully limit their (the journalist's and the newspaper's) right to freedom of expression, and (2) their sources have been promised confidentiality. Critically discuss whether the defendants (the journalist and the newspaper) have a valid objection to revealing the identity of their sources. In other words, can they rely on journalistic privilege to refuse to disclose the identity of their sources? In your answer, you must refer to the following: (a) which constitutional rights must be weighed up and balanced against one another in this scenario; (b) is journalistic privilege a valid defence, and if so, in which circumstances may a journalist rely on journalistic privilege as a defence; (c) why it is necessary for journalists to protect their sources (d) whether the journalists in this set of facts have a valid defence Discuss in detail by referring to relevant legislation, judgments and the opinions of legal commentators.[25] J, a journalist at News SA, writes an article about corruption regarding the awarding of a tender to XYZ company by a government department for the supply of face masks and medical equipment during the COVID-19 pandemic. XYZ company sues the journalist and the newspaper for defamation and files for discovery of their documents. The journalist and the newspaper provide all the documents as requested but edit out the names of the authors. Upon request to disclose the names, they refuse on the grounds that: (1) the disclosure would unduly and unlawfully limit their (the journalist's and the newspaper's) right to freedom of expression, and (2) their sources have been promised confidentiality. Critically discuss whether the defendants (the journalist and the newspaper) have a valid objection to revealing the identity of their sources. In other words, can they rely on journalistic privilege to refuse to disclose the identity of their sources? In your answer, you must refer to the following: (a) which constitutional rights must be weighed up and balanced against one another in this scenario; (b) is journalistic privilege a valid defence, and if so, in which circumstances may a journalist rely on journalistic privilege as a defence; (c) why it is necessary for journalists to protect their sources (d) whether the journalists in this set of facts have a valid defence Discuss in detail by referring to relevant legislation, judgments and the opinions of legal commentators.[25]
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This scenario raises several complex legal and ethical considerations pertaining to freedom of expression journalistic privilege and the protection of ... View the full answer
Related Book For
Income Tax Fundamentals 2013
ISBN: 9781285586618
31st Edition
Authors: Gerald E. Whittenburg, Martha Altus Buller, Steven L Gill
Posted Date:
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