Selected Private and Criminal Law Principles (LCR4805)
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LCR4805
ASSIGNMENT 2 2024
, lOMoARcPSD|21997160
LCR4805 Assignment 2 Questions
Unique code: 615825
1. QUESTION 1
Shortly after a bomb explosion in London, an unknown person posted messages
onto a bulletin board falsely implicating that a certain Mr X, who lives in Cape Town,
had something to do with the terrorist attack. The bulletin board is hosted by West-
World Internet Ltd, an Internet Service Provider registered in South Africa.
Answer the following questions. Discuss in detail by referring to applicable case
law, legislation and academic commentary.
a) Mr X wants to notify West-World Internet Ltd that the messages are
defamatory and request the Internet service provider to remove them. What
legal steps would you advise X to take to lodge his complaint? (10)
b) After Mr X lodged his complaint, West-World Internet Ltd failed to remove
the defamatory messages. A week later Mr X filed a lawsuit against West-
World Internet Ltd for defamation. What defence or defences, if any, would
the defendant, West-World Internet Ltd, be able to rely on? Discuss in
detail by referring to relevant case law and legislation as well as the position
in the United Kingdom. (20)
c) Can West-World Internet Ltd be compelled to reveal the name and
address of the user that has placed the defamatory messages on the
Internet? Substantiate your answer. (8)
d) Mr X also found out that defamatory messages of him were circulated
amongst certain email users. In order to institute a claim for defamation Mr
X must prove that publication took place. Discuss what the term “publication”
means in this instance and explain when it will take place. Will it make any
difference to your answer if the emails are written in a secret language? (6)
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e) Find 6 (six) sources of law on the Internet which you can use to
substantiate your opinion to your client and indicate why you have decided
on a specific internet document – in other words, which aspect(s) of your
point of view it substantiates. You can either attach the first and last page
of these sources, OR you can list the sources including their full
details (author, title, date retrieved, etc and the URL references) so that
these sources can be traced on the Internet. (6)
PLEASE NOTE: At least half of these sources should be articles obtained from law
journals. To find sources from the library’s databases, you can make use of the
LibGuides link: http://libguides.unisa.ac.za/law. [50]
Assessment criteria
You have to make use of footnotes to refer to your sources and supply
a Bibliography. This question will be evaluated primarily on the overall content of
the answers to the questions, the substantiated conclusions, the research that was
done (including the quality of legal sources used) and the correct referencing
style that was used in both the footnotes and the Bibliography. You will be penalised
if you “copy and paste” information from the Internet. You have to communicate the
information in your own words. At least half of your sources should be articles
obtained from law journals. Lawyers are expected to rely on the “best sources
available” as substantiation for their point of view and therefore students need to learn
where and how to access those sources of law online. Please do not refer to Wikipedia
as a source – you will be penalised if you do.
Length restriction
Please note: Your answer to this problem-type question (Question 1 of Assignment
1) should not be longer than 10 typed pages (footnotes included, Bibliography
excluded). Marks will be deducted if you exceed the length restriction.
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2. QUESTION 2
2.1. During the recruitment of new staff, an employer checks the profiles of
the candidates on various social networks and includes information
from these networks in the screening process. The employer has not
informed the candidates about this.
a) Does the Protection of Personal Information Act 4 of 2013 allow an
employer to include information of candidates found on social networks
when screening candidates? Discuss. (10)
b) Does the use of information found in a candidate’s inbox on a social
network amount to an interception of a communication as defined in the
Regulation of Interception of Communications and Provision of
Communication-related Information Act 70 of 2002? Discuss. (10)
2.2. Answer the following questions on the Protection of Personal
Information Act 4 of 2013 (POPI Act).
XYZ is a South African company that developed an On-line Application
(hereinafter, the App) called EasyGuide, which is available for download on
mobile devices in South Africa. The App enables users to search for
businesses providing certain services in the users’ area. For example, a user
may search for a fast food restaurant in his or her area by using the App, on
their devices. In order to locate the user and determine which restaurants are
near the user, the App must enable the geolocation function of the mobile
device. The user must first give permission before the App can activate the
geolocation on the device. After the App was in use for a while, the developer
updated the App. The latest version of the App automatically enabled the
geolocation function without asking the permission of the user. The App
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