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LCR4805 Assignment 1 Semester 2 2024 (615856)

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LCR4805 Assignment 1 Semester 2 2024 (615856) QUESTIONS WITH ANSWERS

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  • August 12, 2024
  • 11
  • 2024/2025
  • Exam (elaborations)
  • Questions & answers
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LCR4805
Assignment 1
Semester 2 2024
(615856)
QUESTIONS WITH COMPLETE ANSWERS




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[Course title]

, LCR4805 Assignment 1 Semester 2 2024 (615856)




QUESTION 1

Mr. Tom is a businessman who owns a pharmaceutical company (Pharmcare (Pty) Ltd) in

Pretoria, South Africa. His business is thriving and one day as he is scrolling through social

media, he is shocked to find out that a fake profile has been set up in his name on a social media

platform. The fake profile was set up for Mr. Tom and includes information such as his date and

place of birth, relationship status and religious views. There is also a fake group linked to the

fake profile. It contains statements defamatory of him and his pharmaceutical business,

Pharmcare (Pty) Ltd. It is alleged that he “owes money and does not pay his suppliers” and

furthermore that he is “not to be trusted since he applies unethical financial business practices

and the products, he sells in his pharmaceutical company are not of a good standard.” Mr. Tom

consults you as his attorney. Advise him with respect to the following:

a) What should Mr. Tom do to remove the fake profile from the social media platform? (8)

b) Could the internet service provider (ISP) be held liable for the defamatory statements posted

on their social media platform by users thereof? (7) Discuss in detail by referring to court cases,

legislation (if applicable), and academic commentators. Also refer to the position in other

jurisdictions. Assessment criteria • This question will be evaluated primarily on the overall

content of the answer, the substantiated conclusions and the referencing style used. You will be

penalised if you merely “copy and paste” information from the Internet. You have to

communicate the information in your own words. • Length restriction: Your answer to Question

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