LCR4805 Assignment 1 (DETAILED ANSWERS) Semester 2 2023 - DUE 21 August 2023 100% TRUSTED workings, explanations and solutions. For assistance call or us on .
QUEST ION 1 Shortly after a bomb explosion in London, an unknown person posted messages onto a bulletin board falsely implicating that a ...
Shortly after a bomb explosion in London, an unknown person posted messages onto a
bulletin board falsely implicating that a certain Mr X, who lives in Cape Town, had something
to do with the terrorist attack.
The bulletin board is hosted by West-World Internet Ltd, an Internet Service Provider
registered in South Africa. Answer the following questions.
Discuss in detail by referring to applicable case law, legislation and academic commentary.
(a) Mr X wants to notify West-World Internet Ltd that the messages are defamatory and
request the Internet service provider to remove them. What legal steps would you advise X to
take to lodge his complaint?
(b) After Mr X lodged his complaint, West-World Internet Ltd failed to remove the defamatory
messages. A week later Mr X filed a lawsuit against West-World Internet Ltd for defamation.
What defence or defences, if any, would the defendant, West-World Internet Ltd, be able to
rely on? Discuss in detail by referring to relevant case law and legislation as well as the
position in the United Kingdom.
(c) Can West-World Internet Ltd be compelled to reveal the name and address of the user that
has placed the defamatory messages on the Internet? Substantiate your answer.
(d) Mr X also found out that defamatory messages of him were circulated amongst certain
email users. In order to institute a claim for defamation Mr X must prove that publication took
place. Discuss what the term “publication” means in this instance and explain when it will take
place. Will it make any difference to your answer if the emails are written in a secret language?
(6)
(e) Find 6 (six) sources of law 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)
PLEASE NOTE: At least half of these sources should be articles obtained from law journals.
To find sources from the library’s databases, you can make use of the LibGuides link:
TOTAL MARKS [20]
, QUEST ION 2
2.1 During the recruitment of new staff, an employer checks the profiles of the candidates on
various social networks and includes information from these networks in the screening
process. The employer has not informed the candidates about this.
(a) Does the Protection of Personal Information Act 4 of 2013 allow an employer to include
information of candidates found on social networks when screening candidates? Discuss. (5)
(b) Does the use of information found in a candidate’s inbox on a social network amount to an
interception of a communication as defined in the Regulation of Interception of
Communications and Provision of Communication-related Information Act 70 of 2002?
Discuss. (5)
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