LML4810 ASSIGNMENT 1 MEMO - SEMESTER 1 - 2023 - UNISA - (DETAILED ANSWERS WITH FOOTNOTES - DISTINCTION GUARANTEED)
“One of the scourges of the Internet and more particularly, email is the phenomenon of spam or unsolicited email. This has also become a problem with cell phones as spam sms’s a...
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LML4810
Legal Aspects of Electronic Commerce
ASSIGNMENT 1 MEMO
SEMESTER 1 - 2023
UNIQUE NUMBER:- 238876
Due Date :- 30 March 2023
Includes Footnotes and/or Bibliography
QUESTION 1
“One of the scourges of the Internet and more particularly, email is the phenomenon of spam or unsolicited email. This has also
become a problem with cell phones as spam sms’s are now also very common. The basic problem remains the same though.
Spam messages vary from mildly irritating advertising and chain mail, to those with objectionable content and those which are
downright dangerous...” (Information and Communications Technology Law Lexis Nexis 2016 (2nd Edition) DP Van der Merwe
et al at 207)
(a) Discuss the regulation of unsolicited communications and direct marketing from a South African legislative
perspective. In your answer you must make clear reference to the applicable sections of the relevant acts from your
prescribed resources in the form of book extracts and academic writing from subject experts. [20]
(b) Discuss the case of Ketler Investments CC t/a Ketler Presentations v Internet Service Provider’s Association [2014] 1
ALL SA 566 (GSJ). Your discussion should set out a short exposition of the facts of the case and the consequent
reasoning of the court in reaching its decision. Your answer should include clear reference to all resources (academic
writing and opinions) you consulted in drafting your discussion of the case.
[15] [TOTAL: 35 MARKS]
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, “One of the scourges of the Internet and more particularly, email is the
phenomenon of spam or unsolicited email. This has also become a problem with
cell phones as spam sms’s are now also very common. The basic problem remains
the same though. Spam messages vary from mildly irritating advertising and chain
mail, to those with objectionable content and those which are downright
dangerous...” (Information and Communications Technology Law Lexis Nexis 2016
(2nd Edition) DP Van der Merwe et al at 207)
(a) Discuss the regulation of unsolicited communications and direct marketing
from a South African legislative perspective. In your answer you must make
clear reference to the applicable sections of the relevant acts from your
prescribed resources in the form of book extracts and academic writing from
subject experts. [20]
Direct marketing is defined as an approach to a person either in person or by mail or
electronic communication, for the direct or indirect purpose of promoting, offering to
supply, in the ordinary course of business any goods or services or to request a donation
of any kind.1 Direct marketing can take various forms: cellular text messaging (SMS),
email marketing, pay-per-click advertising, banner advertising, social media marketing
etc. Unsolicited communications is basically Spam and usually takes the form of direct
marketing, but the main aim of spam is different to that of “normal” direct marketing as
the content is usually fraudulent or deceptive. Legislation mostly describes spam as
“unsolicited electronic messages” or “unsolicited commercial messages”. 2
1 Section 1 of the Consumer Protection Act 68 of 2008.
2 Section 45 Electronic Communications and Transactions Act 25 2002.
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