LCR4805 – Selected Private and
Criminal Law Principles of the Internet
Questions for Exam practice from past papers, and assignments
Defamation and the Internet
• Number of practise questions: 9
• Memos included: 3/9
Privacy and the Internet
• Number of practise questions: 11
• Memos included: 4/11
Cybercrime
• Number of practise questions: 7
• Memos included: 1/7
Evidential Matters
• Number of practice questions: 9
• Memos included: 3/9
,Defamation
and the
Internet
,QUESTION 1
Kereshnie is shocked to find out that a fake profile has been set up in her name on a social media
platform. The fake profile was set up for Kereshnie Naidoo and includes information such as her
date of birth, relationship status and religious views. There is also a fake group linked to the fake
profile. It contains statements defamatory of her and her interior decorating business, InStyle. It is
alleged that she “owes money and does not pay her suppliers” and furthermore that she is “not to
be trusted since she applies unethical financial business practices and is a serious credit risk”.
Kereshnie consults you as her attorney. Advise her with respect to the following. Discuss in detail
by referring to court cases, legislation (if applicable), and academic commentary. Also refer to the
position in other jurisdictions.
(a) What should Kereshnie do to remove the fake profile from the social media platform? (14)
(b) If she wants to institute a claim for defamation, can the internet service provider (ISP) be
obliged to reveal the identity of the anonymous poster of the alleged defamatory
statements? Also refer to the position in other jurisdictions. (14)
(c) Can the internet service providers (ISPs) be held liable for the defamatory statements
posted on their social media platforms by users thereof? (16)
(d) Find 6 (six) sources on the Internet which you can use to substantiate your opinion to your
client and indicate why you have decided on a specific internet document – in other words,
which aspect(s) of your point of view it substantiates. You can either attach the first and last
page of these sources, OR you can list the sources including their full details (author, title,
date retrieved, etc) and the URL references so that these sources can be traced on the
Internet. (6)
13
, ASSIGNMENT 1 MEMO
Question 1
This question was marked taking into account the overall content, the substantiated
conclusions, the use of language, correct style of referencing in the footnotes and
bibliography, and the research that was done. Students who merely “copied and
pasted” information from the Internet were penalised for that. It is expected of students
to communicate the information in their own words.
a) What should Kereshnie do to remove the fake profile from the social media
platform?
(See Van der Merwe Information and Communications Technology Law (ICT Law) p
506 of par 10.2.3.4)
Impersonation accounts are prohibited on most websites. However, once such an
impersonation account is in place and there is a request for removal, there is no
certainty as to how quickly such an account will be removed.
When an individual has suffered damage to his reputation as a result of such an
impersonation account, such an individual will be able to institute a claim for
defamation.
You should have discussed the UK case of Applause Store Productions Limited &
Anor v Raphael [2008] EWHC 1781 (QB) where a fake Facebook profile was set up for
Matthew Firsht.
For removal of the account, her options are:
• S 77 take down notice (ito the Electronic Communications and Transactions Act
(ECT Act)) to the Service Provider (Vd Merwe ICT Law p 528)
• alternatively (and most probably the most effective option) an application for an
interdict.(Vd Merwe ICT Law pp 507-510)
These remedies should have been discussed and applied to the set of facts.
b) If she wants to institute a claim for defamation, can the internet service provider
(ISP) be obliged to reveal the identity of the anonymous poster of the alleged
defamatory statements? Also refer to the position in other jurisdictions.
(See Vd Merwe ICT Law p 528-531)
The person who posts a defamatory comment runs the risk of being sued for
defamation. However, when people are using pseudonyms or posting anonymously, it
can be difficult to identify the original author of the defamatory message.
3
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