,LCR4805 Assignment 1 (COMPLETE ANSWERS)
Semester 2 2024 (615856)- DUE 23 August 2024 ;
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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 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 1: Advice to Mr. Tom Regarding the Fake Social
Media Profile
a) Steps to Remove the Fake Profile from the Social Media
Platform
1. Document Evidence: Mr. Tom should start by taking
screenshots and saving evidence of the fake profile, the
defamatory statements, and the associated group. This
evidence will be critical for any legal action and for
reporting the issue to the social media platform.
2. Report the Fake Profile to the Social Media Platform:
Social media platforms usually have procedures in place to
report impersonation and defamation. Mr. Tom should use
the platform’s reporting tools to notify them of the fake
profile and the defamatory content. Most platforms have
specific forms or options for reporting fake accounts and
harmful content.
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