Exam (elaborations)
LCR4805 Assignment 1 Semester 2 2024 (615856)
- Course
- LCR4805 (LCR4805)
- Institution
- University Of South Africa (Unisa)
LCR4805 Assignment 1 Semester 2 2024 (615856) QUESTIONS WITH ANSWERS
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LCR4805Assignment 1
Semester 2 2024
(615856)
QUESTIONS WITH COMPLETE ANSWERS
[School]
[Course title]
, LCR4805 Assignment 1 Semester 2 2024 (615856)
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” information from the Internet. You have to
communicate the information in your own words. • Length restriction: Your answer to Question
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