Selected Private and Criminal Law Principles of the Internet
100 Marks
Duration: 4 hours
Examiners:
First: Ms CP Museka
Second: Prof MMM Monyakane
This paper consists of 9 pages.
CONFIDENTIAL
INSTRUCTIONS FOR A TAKE-HOME EXAM ON MYEXAMS
PLEASE READ THE FOLLOWING INSTRUCTIONS CAREFULLY BEFORE
ANSWERING THE EXAMINATION QUESTIONS.
Read the instructions carefully before answering the questions.
1. The examination question paper counts 100 marks.
2. It consists of FOUR questions. Answer ALL of the questions.
3. While all questions are compulsory, NOTE THE CHOICE THAT YOU HAVE IN
QUESTION 1.
4. The duration of the examination on the timetable is 4 hours. Your examination
opens on 22 May 2024 at 14h15 (South African Standard Time).
5. In addition to the duration of the examination indicated on the timetable you are
given 30 minutes to FINALISE the uploading of your exam file. Your exam file
, lOMoAR cPSD| 48047628
3 LCR4805
May/June 2024
must be uploaded via the myExams platform on 22 May 2024 before 18h45
(South African Standard Time).
6. This is an open book examination. You may consult your prescribed study
material during the examination. You may not consult anyone else and must
submit your own work.
7. This examination is proctored via the Invigilator App. You are required to activate
(or log in to) the Invigilator app between 14h00 and 14h45 (South African
Standard Time). The QR code is below:
Answer all the questions.
QUESTION 1
NOTE THE CHOICE THAT YOU HAVE ON THIS QUESTION
1.1 Amid comments by football lovers in Likakapa sports newspaper, one of the
commentators Mr Sibolla, responded on a heated debate concerning a famous
football coach’s failure to take the team to the finals. Meanwhile, Khokolo, the
football lover wrote these words, “why is Mr Mashabala trending?” in reply Mr
Sibolla, used: -
. Mr Mashabala intends suing the reporter.
(a) Advise him on the necessary remedy and who Mr. Mashabala should direct the
complaint against. (10)
(b) Explain the requirements for the remedy identified. (10)
, lOMoAR cPSD| 48047628
4 LCR4805
May/June 2024
(c) In light of the emoticon used and referring to any local and or internationally
reported cases, evaluate the necessary evidence surrounding the identified
remedy. (10)
[30]
Your answer should not exceed 1500 words, which is about three typed pages. Note
that direct copying and pasting from sources will not be marked, and full
references in the Unisa required OSCOLA style should be included.
OR
(Please note that you have a CHOICE between Question 1.1 and Question 1.2. In
other words, you can do either Question 1.1 OR 1.2. Don’t do both.)
1.2 Mrs Robinson is a blog writer and restaurant reviewer and she writes about new
restaurants in an internet link www.pinkflowers.com. Her blogs focus
predominantly on newly established restaurants in the Durban area. In a local
community newspaper, an article was written by ABC publishers stating that a
new Chinese restaurant in Umhlanga, Sweet and Sour Restaurant, does not
provide good quality beef meals. The publisher went on and stated that the
beef does not taste like beef and customers should be wary of it. In the same
article the publisher stated that there are lots of dogs disappearing in the
neighbourhood. This newspaper article drew a lot of attention and as a result
the restaurant receives few customers. Mrs Robinson decided to follow up on
this article and published on her blog an article titled, Sweet and Sour
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