Media Law Project
 

this is my assignment... i would appriciate some help on it.

Assume that Mr Smith has formed a political party known as PLP. In a political rally held in P.E, Mr Smith used the slogan "Kill the boer, kill the farmer" One of Mr Smith's political allies is Mr Human. It so happens that the Eastern Cape Legislature who also originates from P.E and whose name is also Mr Human, (not related to the other Mr Human)

An inexperienced reporter, Lauren Lee, covered the rally for a newspaper. She reported on the use of the slogan by Mr Smith and reported futher that the rally was attended by the speaker of the Eastern cape legislature, Mr Human who was seen to be loudly applauding Mr Smith during the address.

The speaker had recently been reprimanded by the Premier of The Eastern Cape for making statements concerning land reform which were at odds with party policy. a fact that had been reported in Laurens newspaper a week before.

As a result from Laurens report, the speaker has been suspended from his party pending an investigation. the speaker has since sued Lauren and the newspaper for defamation.

1. Is Mr Human's speech constitutionally protected
2. Is the speakers claim for defamation likely to be successful
3. what defences can be used by the newspaper and Lauren.

Unfortunately....I am not familiar with South African constitutional Law

Might make any comment on this irrelevant

is this the homework forum?