, LCR4805 Assignment 1 (COMPLETE ANSWERS) Semester 2
2024 (615856)- DUE 23 August 2024 ; 100% TRUSTED
Complete, trusted solutions and explanations.
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 conclusions and the referencing
style used. You will be penalised if you merely “copy and paste”