⋆
LW ⋆
CML1501: Communication Law
OCT/NOV Examination 2026 Preparation Guide
Covers Oct/Nov 2023, Oct/Nov 2024 & Oct/Nov 2025 Papers
⋆ ⋄ ⋆ ⋄ ⋆ ⋄ ⋆ ⋄ ⋆
Law / Communication Studies
Exam Revision Guide
CML1501
Module Code:
Communication Law
Module Name:
Oct/Nov 2023, Oct/Nov 2024, Oct/Nov
Paper Coverage: 2025
Oct/Nov 2026 Examination
Prepared For:
100 (Section A: 30; Section B: 70)
Total Marks:
4 Hours (Take-Home)
Duration:
Revise smart. Understand the law. Ace your exam.
Exam Revision Notes | CML1501 | 2023–2025
,CML1501 | Exam Revision Communication Law 2023–2025
PART I: OCT/NOV 2023 EXAMINATION
Section A (Short Questions) & Section B (Long Questions)
Section A — Short Questions (30 marks)
Question A1
[3 marks]
Question: True or False: An audio recording of a spoken address can attract copyright
protection under the Copyright Act 98 of 1978.
Answer:
True. Under the Copyright Act 98 of 1978, copyright can subsist in a sound recording,
which includes audio recordings of spoken addresses. The work must be original and reduced
to material form (i.e., recorded). The author of a sound recording is the person who made the
arrangements for it to be made.
Key Concept
Copyright in sound recordings is separate from copyright in the underlying literary or
dramatic work. A speech, once recorded, may attract two copyrights: one in the literary
work (the words) and one in the sound recording.
Question A2
[3 marks]
Question: Trademark dilution can arise from the generic use of a trademark. Provide an
example of a formerly protected trademark that has become generic.
Answer:
Page 2 of 58
,CML1501 | Exam Revision Communication Law 2023–2025
Trademark dilution by genericisation occurs when a distinctive brand name loses its legal
protection because the public starts using it as a common word for the product category itself.
Classic examples include:
• Escalator — once a registered trademark of Otis Elevator Company; now used generi-
cally for moving staircases.
• Thermos — originally a brand; now used for any vacuum flask.
• Aspirin — formerly a Bayer trademark; now a generic drug name in many countries.
• Hoover — used generically for “to vacuum” in British English.
Exam Tip
When asked about dilution, the examiner wants you to show you understand that the
trademark owner loses exclusivity when their mark becomes the common name for the
product. This is sometimes called “genericide.”
Question A3
[3 marks]
Question: Name the FOUR (4) freedoms (rights) included in section 16 of the Constitu-
tion of the Republic of South Africa, 1996.
Answer:
Section 16(1) of the Constitution, 1996 protects the following four freedoms of expression:
1. Freedom of the press and other media.
2. Freedom to receive or impart information or ideas.
3. Freedom of artistic creativity.
4. Academic freedom and freedom of scientific research.
Watch Out
Section 16(2) explicitly excludes from protection: propaganda for war, incitement to
violence or imminent violence, and advocacy of hatred based on race, ethnicity, gender
or religion that constitutes incitement to cause harm. These are not protected by s
Page 3 of 58
,CML1501 | Exam Revision Communication Law 2023–2025
16(1).
Question A4
[3 marks]
Question: What does the abbreviation “ICASA” stand for, and what is its primary
regulatory function?
Answer:
ICASA stands for the Independent Communications Authority of South Africa. It
is established by the ICASA Act 13 of 2000 and its primary function is to regulate the
telecommunications and broadcasting sectors in South Africa. It issues licences, moni-
tors licensees for compliance, and enforces broadcasting and electronic communications legisla-
tion, including the Electronic Communications Act 36 of 2005.
Question A5
[3 marks]
Question: Define “animus iniuriandi” in the context of defamation law.
Answer:
Animus iniuriandi is the intention to injure. In defamation law it refers to the defendant’s
intention to harm the plaintiff ’s reputation by publishing a defamatory statement. In
South African law, once a statement is shown to be defamatory, animus iniuriandi is pre-
sumed. The defendant must then rebut this presumption by raising a valid defence (e.g.,
truth for the public benefit, privilege, fair comment).
Question A6
Page 4 of 58
,CML1501 | Exam Revision Communication Law 2023–2025
[3 marks]
Question: List THREE (3) types of works that can attract copyright protection under
the Copyright Act 98 of 1978.
Answer:
The Copyright Act 98 of 1978 protects the following categories of works (three examples re-
quired):
• Literary works (novels, articles, computer programs).
• Musical works (compositions with or without words).
• Artistic works (paintings, sculptures, photographs, architecture).
• Other categories include: cinematograph films, sound recordings, broadcasts, programme-
carrying signals, published editions, and computer programs (listed for completeness).
Question A7
[3 marks]
Question: Briefly explain what is meant by “absolute privilege” as a defence in defama-
tion proceedings.
Answer:
Absolute privilege is a complete defence to defamation that applies in situations where the
public interest demands total freedom of speech, regardless of malice or falsity. It is
“absolute” because it cannot be defeated even by proof of bad faith.
It applies to:
• Statements made in Parliament by Members of Parliament during proceedings.
• Statements made in judicial proceedings by judges, counsel, witnesses and parties.
• Certain executive communications (e.g., heads of state communications).
Page 5 of 58
, CML1501 | Exam Revision Communication Law 2023–2025
Question A8
[3 marks]
Question: What is the “three-tier broadcasting framework” established under the Elec-
tronic Communications Act 36 of 2005?
Answer:
The Electronic Communications Act 36 of 2005 (which replaced the Broadcasting Act)
establishes a three-tier broadcasting system in South Africa:
1. Public broadcasting services — provided by the SABC; publicly funded; serves educa-
tional, informational and entertainment functions for the public.
2. Commercial broadcasting services — privately owned; funded primarily by advertis-
ing revenue; e.g., eTV (free-to-air) and DStv (subscription).
3. Community broadcasting services — non-profit; serve specific geographic communi-
ties or communities of interest; locally focused, e.g., community radio stations.
Question A9
[3 marks]
Question: Name the legislation that regulates the protection of personal information in
South Africa and state its full name.
Answer:
The Protection of Personal Information Act 4 of 2013 (POPIA) — commonly called
the POPI Act — regulates the processing of personal information in South Africa. It estab-
lishes conditions for the lawful processing of personal information, creates the office of the
Information Regulator, and gives data subjects rights over their personal information.
POPIA came into full effect on 1 July 2021.
Question A10
Page 6 of 58
LW ⋆
CML1501: Communication Law
OCT/NOV Examination 2026 Preparation Guide
Covers Oct/Nov 2023, Oct/Nov 2024 & Oct/Nov 2025 Papers
⋆ ⋄ ⋆ ⋄ ⋆ ⋄ ⋆ ⋄ ⋆
Law / Communication Studies
Exam Revision Guide
CML1501
Module Code:
Communication Law
Module Name:
Oct/Nov 2023, Oct/Nov 2024, Oct/Nov
Paper Coverage: 2025
Oct/Nov 2026 Examination
Prepared For:
100 (Section A: 30; Section B: 70)
Total Marks:
4 Hours (Take-Home)
Duration:
Revise smart. Understand the law. Ace your exam.
Exam Revision Notes | CML1501 | 2023–2025
,CML1501 | Exam Revision Communication Law 2023–2025
PART I: OCT/NOV 2023 EXAMINATION
Section A (Short Questions) & Section B (Long Questions)
Section A — Short Questions (30 marks)
Question A1
[3 marks]
Question: True or False: An audio recording of a spoken address can attract copyright
protection under the Copyright Act 98 of 1978.
Answer:
True. Under the Copyright Act 98 of 1978, copyright can subsist in a sound recording,
which includes audio recordings of spoken addresses. The work must be original and reduced
to material form (i.e., recorded). The author of a sound recording is the person who made the
arrangements for it to be made.
Key Concept
Copyright in sound recordings is separate from copyright in the underlying literary or
dramatic work. A speech, once recorded, may attract two copyrights: one in the literary
work (the words) and one in the sound recording.
Question A2
[3 marks]
Question: Trademark dilution can arise from the generic use of a trademark. Provide an
example of a formerly protected trademark that has become generic.
Answer:
Page 2 of 58
,CML1501 | Exam Revision Communication Law 2023–2025
Trademark dilution by genericisation occurs when a distinctive brand name loses its legal
protection because the public starts using it as a common word for the product category itself.
Classic examples include:
• Escalator — once a registered trademark of Otis Elevator Company; now used generi-
cally for moving staircases.
• Thermos — originally a brand; now used for any vacuum flask.
• Aspirin — formerly a Bayer trademark; now a generic drug name in many countries.
• Hoover — used generically for “to vacuum” in British English.
Exam Tip
When asked about dilution, the examiner wants you to show you understand that the
trademark owner loses exclusivity when their mark becomes the common name for the
product. This is sometimes called “genericide.”
Question A3
[3 marks]
Question: Name the FOUR (4) freedoms (rights) included in section 16 of the Constitu-
tion of the Republic of South Africa, 1996.
Answer:
Section 16(1) of the Constitution, 1996 protects the following four freedoms of expression:
1. Freedom of the press and other media.
2. Freedom to receive or impart information or ideas.
3. Freedom of artistic creativity.
4. Academic freedom and freedom of scientific research.
Watch Out
Section 16(2) explicitly excludes from protection: propaganda for war, incitement to
violence or imminent violence, and advocacy of hatred based on race, ethnicity, gender
or religion that constitutes incitement to cause harm. These are not protected by s
Page 3 of 58
,CML1501 | Exam Revision Communication Law 2023–2025
16(1).
Question A4
[3 marks]
Question: What does the abbreviation “ICASA” stand for, and what is its primary
regulatory function?
Answer:
ICASA stands for the Independent Communications Authority of South Africa. It
is established by the ICASA Act 13 of 2000 and its primary function is to regulate the
telecommunications and broadcasting sectors in South Africa. It issues licences, moni-
tors licensees for compliance, and enforces broadcasting and electronic communications legisla-
tion, including the Electronic Communications Act 36 of 2005.
Question A5
[3 marks]
Question: Define “animus iniuriandi” in the context of defamation law.
Answer:
Animus iniuriandi is the intention to injure. In defamation law it refers to the defendant’s
intention to harm the plaintiff ’s reputation by publishing a defamatory statement. In
South African law, once a statement is shown to be defamatory, animus iniuriandi is pre-
sumed. The defendant must then rebut this presumption by raising a valid defence (e.g.,
truth for the public benefit, privilege, fair comment).
Question A6
Page 4 of 58
,CML1501 | Exam Revision Communication Law 2023–2025
[3 marks]
Question: List THREE (3) types of works that can attract copyright protection under
the Copyright Act 98 of 1978.
Answer:
The Copyright Act 98 of 1978 protects the following categories of works (three examples re-
quired):
• Literary works (novels, articles, computer programs).
• Musical works (compositions with or without words).
• Artistic works (paintings, sculptures, photographs, architecture).
• Other categories include: cinematograph films, sound recordings, broadcasts, programme-
carrying signals, published editions, and computer programs (listed for completeness).
Question A7
[3 marks]
Question: Briefly explain what is meant by “absolute privilege” as a defence in defama-
tion proceedings.
Answer:
Absolute privilege is a complete defence to defamation that applies in situations where the
public interest demands total freedom of speech, regardless of malice or falsity. It is
“absolute” because it cannot be defeated even by proof of bad faith.
It applies to:
• Statements made in Parliament by Members of Parliament during proceedings.
• Statements made in judicial proceedings by judges, counsel, witnesses and parties.
• Certain executive communications (e.g., heads of state communications).
Page 5 of 58
, CML1501 | Exam Revision Communication Law 2023–2025
Question A8
[3 marks]
Question: What is the “three-tier broadcasting framework” established under the Elec-
tronic Communications Act 36 of 2005?
Answer:
The Electronic Communications Act 36 of 2005 (which replaced the Broadcasting Act)
establishes a three-tier broadcasting system in South Africa:
1. Public broadcasting services — provided by the SABC; publicly funded; serves educa-
tional, informational and entertainment functions for the public.
2. Commercial broadcasting services — privately owned; funded primarily by advertis-
ing revenue; e.g., eTV (free-to-air) and DStv (subscription).
3. Community broadcasting services — non-profit; serve specific geographic communi-
ties or communities of interest; locally focused, e.g., community radio stations.
Question A9
[3 marks]
Question: Name the legislation that regulates the protection of personal information in
South Africa and state its full name.
Answer:
The Protection of Personal Information Act 4 of 2013 (POPIA) — commonly called
the POPI Act — regulates the processing of personal information in South Africa. It estab-
lishes conditions for the lawful processing of personal information, creates the office of the
Information Regulator, and gives data subjects rights over their personal information.
POPIA came into full effect on 1 July 2021.
Question A10
Page 6 of 58
