Get premium membership and access revision papers, questions with answers as well as video lessons.
Got a question or eager to learn? Discover limitless learning on WhatsApp now -
Start Now!
Cmm 301: Communication And Law Question Paper
Cmm 301: Communication And Law
Course:Bachelor Of Science In Communication And Public Relations
Institution: Moi University question papers
Exam Year:2015
1. Suppose a local TV station broadcasts a competition involving two types of cars- electric car and a conventional petrol powered car- manufactured by Kings Ltd, and Queens Ltd, respectively. The cars are filmed racing each other around a test track. After praising the speed of the electric car in emphatic terms, James, the show's presenter, proceeds to make the following remarks: "This car really was shaping up to be something wonderful but then...(artificially dying motor sounds and musing slowing down and stopping)... although the manufacturer says it will do 200 miles we have worked out that on our track it will run out after just 55 miles and if it does run out is not a quick job to charge it up again. (Footage of people pushing the electric car into the hangar followed by a mechanic inserting the charger into the electric car)". (a) If you are a claimant, what would you sue for, who would you sue, and what orders would you be seeking from the court of law against the defendant(s)? (10 marks)
b. Broadcast material is considered defamatory when it meets a threshold by law established. Expound (5 marks)
c. A broadcast is potentially libelous if it damages someone's reputation in the estimation of right thinking members of the public. The same applies to a re-broadcast. With reference to the civil law of defamation, explain how the damage is likely to occur. (5 marks)
2. Two songs- Marvin Gaye's 1977, "Go To Give It Up", and Robin Thicke's 2013 hit, "Blurred lines"- have striking similarities in chords, meodies and lyrics. It emerged Thicke had copied elements of Gaye's song- four notes, as well as mash-ups pairing its bass line with the vocals from Gaye's song. Gaye died in 1984. Gaye's children sued Thicke.
a. Using your knowledge of the law on copyright, what do you think are the bases of the claims by Gaye's children? (5 marks)
b. How would you defend yourself if you were Thicke? (5 marks)
c. Briefly explain 'fair use' as a defence, and any two other defences to copyright infringement as provided for in Kenya's copyright act. (5 marks)
3. A critical examination of the Independence Constitution of Kenya and the Constitution of Kenya (2010) shows marked differences between them. Discuss how progressive the Constitution of Kenya (2010) is with regard to the right to freedom of the media, and right of access to information, and freedom of expression (15 marks)
4. There is this Kenyan politician with an unusual disorder that causes her lose weight. The more she eats, the more she loses weight. Supposing she is hospitalized, and photographers follow her to hospital, take pictures despite her protests, and the pictures with a caption, "insatiable glutton", end up in newspapers, and later on social media
a. Under Kenyan law, what possible wrong would a newspaper or social website with the story, have committed? Discuss briefly the specific civil wrong in the scenario. (5 marks)
b. What possible defence(s) would a media defendant raise in such a suit? (2 marks)
c. What does the code of conduct or the practice of journalism say about the civil wrong committed in the afore-stated scenario? (3 marks)
d. Briefly explain the specific civil wrong that would have been committed in a situation where the politician's picture appeared, without her consent, in a commercial advertisement (5 marks)
5. Pre-publication lawful ban is a worldwide practice. Compare and contrast the concept of prior restraint as it obtains in the US, and the form of restraints on information gathering and dissemination in Kenya (15 marks)
6. Briefly explain the following: (a)sub judice rule in Kenya (b) qualified privilege defence in Albert Reynolds vs. Times Newspaper Ltd (c) one million Kenya shillings' bond in books and newspapers law (15 marks)
More Question Papers
Popular Exams
Return to Question Papers