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LML4810 OCTOBER NOVEMBER PORTFOLIO (COMPLETE ANSWERS) Semester 2 2024 - DUE 1 November 2024; 100% TRUSTED Complete, trusted solutions and explanations. R46,50
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LML4810 OCTOBER NOVEMBER PORTFOLIO (COMPLETE ANSWERS) Semester 2 2024 - DUE 1 November 2024; 100% TRUSTED Complete, trusted solutions and explanations.
LML4810 OCTOBER NOVEMBER PORTFOLIO (COMPLETE ANSWERS) Semester 2 2024 - DUE 1 November 2024; 100% TRUSTED Complete, trusted solutions and explanations.
,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]
,Introduction
The rise of digital communication has brought about
increased consumer concerns regarding unsolicited
commercial communications, or spam. As noted by
Sylvia Papadopoulos, unsolicited marketing
communications, while not new, have intensified
with the internet’s proliferation. This led to privacy
invasions and potential data misuse, prompting
global and national efforts to regulate these practices
and protect consumers.
South African Legal Framework on Unsolicited
Commercial Communications
Since 2012, South Africa has taken steps to regulate
unsolicited commercial communications and bolster
consumer data protection. Key legislative
developments include:
1. The Protection of Personal Information Act
(POPIA) 2013
Overview: POPIA is the principal legislation
addressing data protection in South Africa, with
sections specifically designed to protect
individuals against unsolicited communications.
, Consent Requirement: POPIA requires that
personal information may only be processed for
direct marketing if the individual has consented
to such processing, or if they are an existing
customer and the information is used for similar
goods and services marketing (Section 69).
Opt-out Mechanism: POPIA mandates an opt-
out option in all direct marketing
communications, allowing recipients to
withdraw their consent at any time.
Limitations: POPIA's protections are robust but
depend on the data subject’s proactive exercise
of their rights. Critics argue that it may not fully
address the invasiveness and persistence of
spam, especially if consumers are unaware of
their rights or do not exercise them effectively.
2. The Consumer Protection Act (CPA) 2008
Overview: The CPA provides a framework for
consumer rights, addressing direct marketing
and unsolicited communications to a certain
extent.
Cooling-off Period: The CPA gives consumers
the right to cancel agreements within a specific
period after engaging in direct marketing
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