LCR4805
Assignment 1
Semester 2 – 2023
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?
Section 77(1) of the Electronic Communications and Transactions Act 25 of 2002
states that, the notification must be in writing and addressed to the ISP (or his or
her agent).
Complainant must include certain prescribed information:
(a) the full names and address of the complainant;
(b) the written or electronic signature of the complainant;
(c) identification of the right that has allegedly been infringed;
(d) identification of the material or activity that is claimed to be the subject of
unlawful activity;
(e) the remedial action required to be taken by the service provider in respect of
the complaint;
Assignment 1
Semester 2 – 2023
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?
Section 77(1) of the Electronic Communications and Transactions Act 25 of 2002
states that, the notification must be in writing and addressed to the ISP (or his or
her agent).
Complainant must include certain prescribed information:
(a) the full names and address of the complainant;
(b) the written or electronic signature of the complainant;
(c) identification of the right that has allegedly been infringed;
(d) identification of the material or activity that is claimed to be the subject of
unlawful activity;
(e) the remedial action required to be taken by the service provider in respect of
the complaint;
