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LML4810 OCTOBER NOVEMBER PORTFOLIO (COMPLETE ANSWERS) Semester 2 2024 - DUE 1 November 2024; 100% TRUSTED Complete, trusted solutions and explanations. R47,31
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LML4810 OCTOBER NOVEMBER PORTFOLIO (COMPLETE ANSWERS) Semester 2 2024 - DUE 1 November 2024; 100% TRUSTED Complete, trusted solutions and explanations.

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LML4810 OCTOBER NOVEMBER PORTFOLIO (COMPLETE ANSWERS) Semester 2 2024 - DUE 1 November 2024; 100% TRUSTED Complete, trusted solutions and explanations.

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  • October 31, 2024
  • 29
  • 2024/2025
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,Question 1 Read the following quote from
Papadopoulos and answer the question below:
“Unsolicited junk mail and the collection of personal
information for direct marketing is not unique to
online consumers, but the sheer magnitude,
invasiveness and variety of these practices brought
about by the advent of computers and the internet,
as well as the risks or negative consequences
associated with the digital environment, have
solicited worldwide consumer and data protection
responses”… (Sylvia Papadopoulus ‘Are we about
to cure the scourge of spam? A commentary on
current and proposed South African legislative
intervention’ 2012 (75) THRHR at 224). Discuss this
comment by Papadopoulos by providing an
exposition of the current legal landscape in South
African law regarding ‘unsolicited commercial
communications’. Your discussion should include
the legislative developments in South African since
2012, and importantly if in your opinion the current
South African position is in line with Article 28 of the
Protocol to the Agreement Establish the African
Continental Free Trade Area on Digital Trade 18
February 2024? [25 marks]

, 1. Introduction to Unsolicited Commercial
Communications and Consumer Protection
Papadopoulos highlights how the digital
environment’s vastness, coupled with its potential
for invasiveness, has led to widespread consumer
and data protection initiatives worldwide. This is
relevant because of the privacy concerns that
unsolicited marketing raises, along with risks related
to personal data misuse. Addressing these
challenges, particularly in South Africa, has required
legislative reforms to protect consumer rights and
regulate digital marketing practices.
2. Overview of South African Legislation on
Unsolicited Commercial Communications
South Africa's primary regulatory framework for
unsolicited commercial communications and data
protection involves the Protection of Personal
Information Act (POPIA) 2013 and Electronic
Communications and Transactions Act (ECTA)
2002. These legislative measures set clear
boundaries and rights regarding unsolicited
communication.

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