Exam (elaborations)
LCR4805 assignment 1 semester 2 2024 (Full solutions)
- Institution
- University Of South Africa (Unisa)
100% accurate and reliable assignment solutions for LCR4805 assignment 1 semester 2 2024
[Show more]
Content preview
LCR4805ASSIGNMENT 1 Semester 2 2024
Unique Number:
DUE DATE: : August 2024
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.
, 0688120934
PREVIEW
Question 1
Advising Mr. Tom on the Removal of a Fake Profile and Potential ISP Liability
a) Removal of the Fake Profile
Mr. Tom’s situation involves a serious case of online defamation and the unauthorized
use of his personal information, which could have significant personal and professional
repercussions. To address the issue of removing the fake profile, Mr. Tom should follow
a multi-step approach that involves both informal and formal actions.
Initially, Mr. Tom should report the fake profile directly to the social media platform. Most
platforms have specific procedures in place for reporting impersonation and defamatory
content. He should provide evidence to substantiate his claim that the profile is fake and
that the defamatory statements are damaging. The platform may then investigate the
issue and, if found valid, remove the profile and any associated content.
However, if the platform fails to act promptly or refuses to take down the profile, Mr. Tom
may need to seek a court order. In South Africa, this could involve applying for an interdict
(injunction) to compel the social media platform to remove the defamatory content and
fake profile. The court may issue an order under common law principles of defamation,
which protect individuals against the unlawful infringement of their reputation.
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.
, 0688120934
Question 1
Advising Mr. Tom on the Removal of a Fake Profile and Potential ISP Liability
a) Removal of the Fake Profile
Mr. Tom’s situation involves a serious case of online defamation and the unauthorized
use of his personal information, which could have significant personal and professional
repercussions. To address the issue of removing the fake profile, Mr. Tom should follow
a multi-step approach that involves both informal and formal actions.
Initially, Mr. Tom should report the fake profile directly to the social media platform. Most
platforms have specific procedures in place for reporting impersonation and defamatory
content. He should provide evidence to substantiate his claim that the profile is fake and
that the defamatory statements are damaging. The platform may then investigate the
issue and, if found valid, remove the profile and any associated content.
However, if the platform fails to act promptly or refuses to take down the profile, Mr. Tom
may need to seek a court order. In South Africa, this could involve applying for an interdict
(injunction) to compel the social media platform to remove the defamatory content and
fake profile. The court may issue an order under common law principles of defamation,
which protect individuals against the unlawful infringement of their reputation.
Case law such as H v W 2013 (2) SA 530 (GSJ) can be particularly relevant. In this case,
the South Gauteng High Court ruled that social media content that is defamatory could
lead to a claim for damages. The court emphasized the need to balance freedom of
expression with the protection of reputation, making it clear that defamatory statements
made online are treated with the same seriousness as those made in traditional media.
If the defamatory statements continue to circulate, Mr. Tom might also consider pursuing
a claim for damages against the individual responsible for the fake profile. The damages
could include compensation for harm to his reputation and the business’s goodwill.
b) ISP Liability for Defamatory Statements
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.
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through EFT, credit card or Stuvia-credit for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying this summary from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller Melindatutor. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy this summary for R100,00. You're not tied to anything after your purchase.
Can Stuvia be trusted?
4.6 stars on Google & Trustpilot (+1000 reviews)
66579 documents were sold in the last 30 days
Founded in 2010, the go-to place to buy summaries for 14 years now