LCR4805 Assignment 1
(ANSWERS) Semester 2 2023.
QUESTION 1
Shortly after a bomb explosion in London, an unknown person posted messages onto a
bulletin board falsely implicating that a certain Mr X, who lives in Cape Town, had something
to do with the terrorist attack. The bulletin board is hos...
Shortly after a bomb explosion in London, an unknown person posted messages onto a
bulletin board falsely implicating that a certain Mr X, who lives in Cape Town, had something
to do with the terrorist attack. The bulletin board is hosted by West-World Internet Ltd, an
Internet Service Provider registered in South Africa.
Answer the following questions. Discuss in detail by referring to applicable case law,
legislation and academic commentary.
(a) Mr X wants to notify West-World Internet Ltd that the messages are defamatory and
request the Internet service provider to remove them. What legal steps would you
advise X to take to lodge his complaint?
Legal steps to lodge a complaint against West-World Internet Ltd
To lodge a complaint against West-World Internet Ltd regarding the defamatory messages, Mr
X can take the following legal steps:
1. Identify the defamatory messages: Mr X should gather evidence of the defamatory
messages, including screenshots or copies of the messages, timestamps, and any other
relevant information.
, 2. Consult an attorney: Mr X should seek legal advice from an attorney who specializes in
defamation law. The attorney can guide him through the legal process and provide
specific advice based on the jurisdiction and applicable laws.
3. Send a cease and desist letter: Mr X's attorney can draft a cease and desist letter to
West-World Internet Ltd, requesting the removal of the defamatory messages. The
letter should clearly state the defamatory nature of the messages, provide evidence,
and demand their removal within a specified timeframe.
4. Refer to relevant legislation: The attorney should refer to the applicable legislation in
South Africa, such as the Electronic Communications and Transactions Act (ECTA) or the
Protection of Personal Information Act (POPIA), to support the complaint and request
for removal.
5. Follow the ISP's complaint procedure: Mr X should follow West-World Internet Ltd's
complaint procedure, which may involve submitting a formal complaint through their
designated channels. This may include providing the necessary evidence and details of
the defamatory messages.
6. Document all correspondence: Mr X should keep a record of all correspondence with
West-World Internet Ltd, including copies of emails, letters, or any other
communication exchanged during the complaint process.
7. Consider alternative dispute resolution: If West-World Internet Ltd does not respond or
refuses to remove the defamatory messages, Mr X may explore alternative dispute
resolution methods, such as mediation or arbitration, to resolve the issue.
It is important for Mr X to consult with a legal professional to ensure that the complaint is
handled effectively and in accordance with the relevant laws and procedures.
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