QUESTION 1 Mr. Tom is a businessman who owns a pharmaceutical
company (Pharmcare (Pty) Ltd) in Pretoria, South Africa. His business is
thriving and one day as he is scrolling through social media, he is shocked to
find out that a fake profile has been set up in his name on a social media
platform. The fake profile was set up for Mr. Tom and includes information
such as his date and place of birth, relationship status and religious views.
There is also a fake group linked to the fake profile. It contains statements
defamatory of him and his pharmaceutical business, Pharmcare (Pty) Ltd. It is
alleged that he “owes money and does not pay his suppliers” and furthermore
that he is “not to be trusted since he applies unethical financial business
practices and the products, he sells in his pharmaceutical company are not of
a good standard.” Mr. Tom consults you as his attorney. Advise him with
respect to the following: a) What should Mr. Tom do to remove the fake profile
from the social media platform? (8) b) Could the internet service provider
(ISP) be held liable for the defamatory statements posted on their social
media platform by users thereof? (7) Discuss in detail by referring to court
cases, legislation (if applicable), and academic commentators. Also refer to
the position in other jurisdictions. Assessment criteria • This question will be
evaluated primarily on the overall content of the answer, the substantiated
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