LCR4805
Assignment 1 Semester 2 2024
Detailed Solutions, References & Explanations
Unique number: 615856
Due Date: August 2024
QUESTION 1
a. (2 ANSWERS PROVIDED)
To address the issue of the fake profile on social media, Mr. Tom has two primary legal
options available under South African law: submitting a Section 77 takedown notice and
applying for an interdict.
1. Section 77 Takedown Notice under the ECT Act: Mr. Tom can issue a takedown
notice to the service provider of the social media platform pursuant to Section 77 of the
Electronic Communications and Transactions Act (ECT Act). This provision allows
individuals who have suffered harm due to unlawful content to request the service
provider to remove or disable access to such content. Mr. Tom will need to provide
evidence of the fake profile, the defamatory statements, and the harm caused to his
reputation and business. This approach is supported by the UK case of Applause Store
Productions Limited & Anor v Raphael [2008] EWHC 1781 (QB), where a similar
Terms of use
By making use of this document you agree to:
• Use this document as a guide for learning, comparison and reference purpose,
• Not to duplicate, reproduce and/or misrepresent the contents of this document as your own work,
• Fully accept the consequences should you plagiarise or misuse this document.
Disclaimer
Extreme care has been used to create this document, however the contents are provided “as is” without
any representations or warranties, express or implied. The author assumes no liability as a result of
reliance and use of the contents of this document. This document is to be used for comparison, research
and reference purposes ONLY. No part of this document may be reproduced, resold or transmitted in any
form or by any means.