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LML4810 OCTOBER NOVEMBER PORTFOLIO (COMPLETE ANSWERS) Semester 2 2024 - DUE 1 November 2024
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LML4810 OCTOBER NOVEMBER PORTFOLIO (COMPLETE ANSWERS) Semester 2 2024 - DUE 1 November 2024
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,LML4810 OCTOBER NOVEMBER PORTFOLIO(COMPLETE ANSWERS) Semester 2 2024 - DUE 1
November 2024; 100% TRUSTED Complete, trusted
solutions and explanations.
Question 1 Read the following quote from Papadopoulos and
answer the question below: “Unsolicited junk mail and the
collection of personal information for direct marketing is not
unique to online consumers, but the sheer magnitude,
invasiveness and variety of these practices brought about by
the advent of computers and the internet, as well as the risks or
negative consequences associated with the digital environment,
have solicited worldwide consumer and data protection
responses”… (Sylvia Papadopoulus ‘Are we about to cure the
scourge of spam? A commentary on current and proposed
South African legislative intervention’ 2012 (75) THRHR at 224).
Discuss this comment by Papadopoulos by providing an
exposition of the current legal landscape in South African law
regarding ‘unsolicited commercial communications’. Your
discussion should include the legislative developments in South
African since 2012, and importantly if in your opinion the
current South African position is in line with Article 28 of the
Protocol to the Agreement Establish the African Continental
Free Trade Area on Digital Trade 18 February 2024? [25 marks]
To address the quote from Sylvia Papadopoulos regarding
unsolicited junk mail and the collection of personal information
for direct marketing, we need to examine the legal landscape in
,South Africa concerning unsolicited commercial
communications. This analysis will include legislative
developments since 2012 and evaluate whether the current
position aligns with Article 28 of the Protocol to the Agreement
Establishing the African Continental Free Trade Area on Digital
Trade (AfCFTA), signed on February 18, 2024.
Current Legal Landscape in South Africa
1. Protection of Personal Information Act (POPIA)
One of the most significant legislative developments since 2012
is the enactment of the Protection of Personal Information Act,
No. 4 of 2013 (POPIA), which came into effect on July 1, 2021.
POPIA aims to protect personal information processed by public
and private bodies and establishes the rights of data subjects
(individuals whose personal information is processed).
Key provisions relevant to unsolicited commercial
communications include:
Consent Requirement: Under POPIA, businesses must
obtain explicit consent from individuals before processing
their personal information for marketing purposes. This
includes unsolicited communications via email, SMS, or
any other electronic means.
Right to Object: Individuals have the right to object to the
processing of their personal information for direct
marketing. This allows consumers to opt-out of receiving
unsolicited marketing messages.
, Data Subject Rights: POPIA grants individuals various
rights, such as the right to access their personal
information, the right to rectify inaccuracies, and the right
to have their information deleted under certain
circumstances.
2. Electronic Communications and Transactions Act (ECTA)
The Electronic Communications and Transactions Act, No. 25 of
2002 (ECTA), also plays a crucial role in regulating unsolicited
communications. It addresses electronic marketing and sets out
the rules for unsolicited commercial communications.
Opt-In and Opt-Out Mechanisms: ECTA requires that
marketers must obtain prior consent (opt-in) before
sending unsolicited communications to consumers. It also
mandates that recipients have an easy way to opt-out of
further communications.
3. Consumer Protection Act (CPA)
The Consumer Protection Act, No. 68 of 2008 (CPA),
complements POPIA and ECTA by providing further consumer
rights in relation to unsolicited marketing.
Prohibition of Unsolicited Marketing: The CPA prohibits
any form of marketing that is misleading or coercive,
ensuring that consumers are not subjected to aggressive
marketing tactics.
Legislative Developments Since 2012
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