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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, conclusions and the referencing style used. You will be penalised if you
merely “copy and paste” information from the Internet. You have to
communicate the information in your own words. • Length restriction: Your
answer to Question 1 may not exceed 3 typed pages. More but related
content can be acceptable. • To find sources from the library’s databases, you
can make use of the QUESTION 2 Critically discuss whether the processing
of personal information poses a threat to the right to privacy. (15) Discuss in
detail by referring to court cases, legislation (if applicable), and academic
commentators. Assessment criteria • This question will be evaluated primarily
on the overall content of the answer, the substantiated conclusions and the
referencing style used. You will be penalised if you merely “copy and paste”
information from the Internet. You have to communicate the information in
your own words. • Length restriction: Your answer to Question 2 may not
exceed 3 typed pages. More but related content can be acceptable.
QUESTION 1
a) What should Mr. Tom do to remove the fake profile
from the social media platform? (8 Marks)
1. Report the Fake Profile:
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