LCR4805 Assignment 1
Semester 2 2024
(615856)
QUESTIONS WITH COMPLETE ANSWERS
[DATE]
[COMPANY NAME]
[Company address]
, LCR4805 Assignment 1 Semester 2 2024 (615856)
QUESTION 1
Mr. Tom is a businessman who owns a pharmaceutical company
(Pharmcare (Pty) Ltd) in Pretoria, South Africa. His business is thriving and
one day as he is scrolling through social media, he is shocked to find out
that a fake profile has been set up in his name on a social media platform.
The fake profile was set up for Mr. Tom and includes information such as
his date and place of birth, relationship status and religious views. There is
also a fake group linked to the fake profile. It contains statements
defamatory of him and his pharmaceutical business, Pharmcare (Pty) Ltd. It
is alleged that he “owes money and does not pay his suppliers” and
furthermore that he is “not to be trusted since he applies unethical financial
business practices and the products, he sells in his pharmaceutical
company are not of a good standard.” Mr. Tom consults you as his
attorney. Advise him with respect to the following:
a) What should Mr. Tom do to remove the fake profile from the social
media platform? (8)
b) Could the internet service provider (ISP) be held liable for the
defamatory statements posted on their social media platform by users
thereof? (7) Discuss in detail by referring to court cases, legislation (if
applicable), and academic commentators. 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 will be penalised if you merely “copy and paste”
Semester 2 2024
(615856)
QUESTIONS WITH COMPLETE ANSWERS
[DATE]
[COMPANY NAME]
[Company address]
, LCR4805 Assignment 1 Semester 2 2024 (615856)
QUESTION 1
Mr. Tom is a businessman who owns a pharmaceutical company
(Pharmcare (Pty) Ltd) in Pretoria, South Africa. His business is thriving and
one day as he is scrolling through social media, he is shocked to find out
that a fake profile has been set up in his name on a social media platform.
The fake profile was set up for Mr. Tom and includes information such as
his date and place of birth, relationship status and religious views. There is
also a fake group linked to the fake profile. It contains statements
defamatory of him and his pharmaceutical business, Pharmcare (Pty) Ltd. It
is alleged that he “owes money and does not pay his suppliers” and
furthermore that he is “not to be trusted since he applies unethical financial
business practices and the products, he sells in his pharmaceutical
company are not of a good standard.” Mr. Tom consults you as his
attorney. Advise him with respect to the following:
a) What should Mr. Tom do to remove the fake profile from the social
media platform? (8)
b) Could the internet service provider (ISP) be held liable for the
defamatory statements posted on their social media platform by users
thereof? (7) Discuss in detail by referring to court cases, legislation (if
applicable), and academic commentators. 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 will be penalised if you merely “copy and paste”
