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LCR4805 assignment 1 semester 2 2024 (Full solutions)
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LCR4805ASSIGNMENT 1 Semester 2 2024
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DUE DATE: : August 2024
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, 0688120934
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Question 1
Advising Mr. Tom on the Removal of a Fake Profile and Potential ISP Liability
a) Removal of the Fake Profile
Mr. Tom’s situation involves a serious case of online defamation and the unauthorized
use of his personal information, which could have significant personal and professional
repercussions. To address the issue of removing the fake profile, Mr. Tom should follow
a multi-step approach that involves both informal and formal actions.
Initially, Mr. Tom should report the fake profile directly to the social media platform. Most
platforms have specific procedures in place for reporting impersonation and defamatory
content. He should provide evidence to substantiate his claim that the profile is fake and
that the defamatory statements are damaging. The platform may then investigate the
issue and, if found valid, remove the profile and any associated content.
However, if the platform fails to act promptly or refuses to take down the profile, Mr. Tom
may need to seek a court order. In South Africa, this could involve applying for an interdict
(injunction) to compel the social media platform to remove the defamatory content and
fake profile. The court may issue an order under common law principles of defamation,
which protect individuals against the unlawful infringement of their reputation.
Disclaimer
Extreme care has been used to create this document, however the contents are provided “as is”
without any representations or warranties, express or implied. The author assumes no liability as
a result of reliance and use of the contents of this document. This document is to be used for
comparison, research and reference purposes ONLY. No part of this document may be
reproduced, resold or transmitted in any form or by any means.
, 0688120934
Question 1
Advising Mr. Tom on the Removal of a Fake Profile and Potential ISP Liability
a) Removal of the Fake Profile
Mr. Tom’s situation involves a serious case of online defamation and the unauthorized
use of his personal information, which could have significant personal and professional
repercussions. To address the issue of removing the fake profile, Mr. Tom should follow
a multi-step approach that involves both informal and formal actions.
Initially, Mr. Tom should report the fake profile directly to the social media platform. Most
platforms have specific procedures in place for reporting impersonation and defamatory
content. He should provide evidence to substantiate his claim that the profile is fake and
that the defamatory statements are damaging. The platform may then investigate the
issue and, if found valid, remove the profile and any associated content.
However, if the platform fails to act promptly or refuses to take down the profile, Mr. Tom
may need to seek a court order. In South Africa, this could involve applying for an interdict
(injunction) to compel the social media platform to remove the defamatory content and
fake profile. The court may issue an order under common law principles of defamation,
which protect individuals against the unlawful infringement of their reputation.
Case law such as H v W 2013 (2) SA 530 (GSJ) can be particularly relevant. In this case,
the South Gauteng High Court ruled that social media content that is defamatory could
lead to a claim for damages. The court emphasized the need to balance freedom of
expression with the protection of reputation, making it clear that defamatory statements
made online are treated with the same seriousness as those made in traditional media.
If the defamatory statements continue to circulate, Mr. Tom might also consider pursuing
a claim for damages against the individual responsible for the fake profile. The damages
could include compensation for harm to his reputation and the business’s goodwill.
b) ISP Liability for Defamatory Statements
Disclaimer
Extreme care has been used to create this document, however the contents are provided “as is”
without any representations or warranties, express or implied. The author assumes no liability as
a result of reliance and use of the contents of this document. This document is to be used for
comparison, research and reference purposes ONLY. No part of this document may be
reproduced, resold or transmitted in any form or by any means.
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