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LCR4805 Assignment 1 (COMPLETE ANSWERS) Semester 1 2026 - DUE March 2026;;100% trusted ,comprehensive and complete reliable solution with clear explanation. Question 1 After a fire breaks out in a shopping mall in Pretoria East, South Africa, a popular blog hosted by NetHost Ltd (a South African Internet Service Provider) publishes an article alleging that Mr. Rodgers, a local businessman, paid someone to start the fire. The article goes viral and appears in Google search results. As a result of this article, Mr Rodgers suffers reputational damage and loses several clients. a) In order to institute a defamation claim, Mr Rodgers must prove that publication took place. Discuss what the term publication means in this instance and explain when it will take place. In your answer, refer to applicable law. (5) b) Will it make a difference to your answer in (a) above if the article was written in a secret language? Substantiate your answer. (3) c) Can NetHost(Ltd) be compelled to reveal the name and address of the user who has placed the defamatory messages on the internet? Substantiate your answer. (7) Discuss in detail by referring to court cases, legislation (if applicable), and academic commentators (if applicable). 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 have to make use of footnotes to refer to your sources and supply a Bibliography. You will be penalised if you merely “copy and paste” information from the Internet. You have to communicate the information in your own words. Please do not refer to Wikipedia as a source – you will be penalised if you do. • Length restriction: Your answer to this question may not exceed 3 typed pages. • To find sources from the library’s databases, you can make use of the LibGuides link: Question 2 FitMa, a fitness app for mothers, collects information from its users, including their full names, ages, addresses, location data (for running routes), and health details such as weight, heart rate, blood pressure levels, and stress levels. FitMa shares this data with third-party advertisers. One day, a data breach occurs, and hackers access the database. Sensitive health and location information of its users is leaked online. Discuss whether there was processing of any information in this scenario, and if there was, how the processing of information in this instance poses a threat to users' right to privacy. (15) Discuss in detail by referring to court cases,

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, LCR4805 Assignment 1 (COMPLETE ANSWERS) Semester 1 2026
- DUE March 2026;;100% trusted ,comprehensive and complete
reliable solution with clear explanation.



Question 1: Defamation and Publication in South Africa

Scenario: An article on a blog hosted by NetHost Ltd alleges Mr.
Rodgers paid someone to start a fire, causing reputational damage and
loss of clients.



a) Publication in Defamation

Publication is a fundamental element of a defamation claim in South
African law. For a claim to succeed, the defamatory statement must be
communicated to a third party, meaning someone other than the
plaintiff. The communication must also be sufficiently clear so that the
ordinary reasonable reader can understand the meaning of the statement.
Without publication, there is no actionable harm, as the law protects
reputation from public exposure, not private thoughts.

South African courts and scholars define publication broadly. Neethling,
Potgieter & Visser (2019) explain that publication occurs whenever a
third party receives the defamatory material, whether orally, in writing,
or electronically. In Le Roux v Dey 2011 (3) SA 274 (CC), the
Constitutional Court confirmed that publication includes any act that
makes the defamatory matter available to others, including online
platforms such as blogs or social media. Similarly, the Electronic
Communications and Transactions Act 25 of 2002 (ECTA)
recognises that statements posted online are effectively communicated to
the public.

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Publisher: 2021 ISBN: 9780639014210 Edition: Unknown

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