LCR4805
Assignment 1
Semester 2
2023
,QUESTION 1
a) (2 ANSWERS PROVIDED)
Under Section 77 of the Electronic Communications and Transactions Act
25 of 2002 (ECTA), Mr X can issue Take-down notification to notify West-
World Internet Ltd that the messages posted on the bulletin board are
defamatory and request the Internet service provider (ISP) to remove
them1.
Section 77 of the ECTA states that a person who claims that their rights
have been infringed due to information that is published by another
person on an online platform, such as a bulletin board, may request the
ISP hosting the platform to remove the information or disable access to it.
This request must be made in writing and must identify the information
that is claimed to be unlawful and provide reasons for the claim.2
In the case of H v W (12/10142) [2013] ZAGPJHC 1, the court clarified that
the notice to the ISP should include the necessary information to enable
the ISP to identify the specific defamatory statements and locate them on
their system. The notice should also make it clear that the statements are
defamatory and explain why they are defamatory.
Mr X can therefore draft a written notice to West-World Internet Ltd,
referring to Section 77 of the ECTA and the H v W case, stating that the
messages falsely implicating him in the terrorist attack are defamatory.
The notice should identify the specific messages that are defamatory,
provide reasons why they are defamatory, and request that West- World
Internet Ltd removes them or disables access to them.
It is important for Mr X to ensure that the notice is clear, concise, and
includes all the necessary details required under the ECTA and as clarified
by the H v W case. This will help strengthen his legal position and provide
West-World Internet Ltd with sufficient information to assess the
defamatory nature of the messages and take appropriate action.
OR
1
Section 77(1) Electronic Communications and Transactions Act 25 of 2002.
2
Section 77(2) Electronic Communications and Transactions Act 25 of 2002
, According to Section 77 of the Electronic Communications and
Transactions Act 25 of 2002 (ECT Act) in South Africa, Mr X could take the
following legal steps to notify West-World Internet Ltd:
1. Send a takedown notice: Mr X could send a notice to West-World
Internet Ltd, requesting them to remove the defamatory messages.
The notice should specify the exact location of the messages,
provide evidence of the defamatory nature, and request the ISP to
take appropriate action to disable access to or remove the
messages. The notice should be sent to the designated contact
person or address provided by West-World Internet Ltd for receiving
such notices.
2. Provide supporting evidence: Mr X should provide any supporting
evidence he has to prove that the messages are defamatory and
falsely implicate him. This could include screenshots or printouts of
the messages, witness statements, or any other relevant evidence.
In H v W case (12/10142) [2013] ZAGPJHC 1 (30 January 2013), the court
held that ISPs have a duty to remove defamatory content once they
receive a notice from the defamed party or an authorized representative.
The court also emphasized the importance of prompt action by the ISP to
avoid further harm and potential liability.
It is important to note that while Mr X can request the removal of the
defamatory messages, the ISP may also have certain legal obligations and
procedures to follow before taking action. Therefore, it is crucial for Mr X
to be clear and concise in his communication to the ISP and provide all
necessary supporting evidence to substantiate his claim.3
3
Section 77(2) Electronic Communications and Transactions Act 25 of 2002
Assignment 1
Semester 2
2023
,QUESTION 1
a) (2 ANSWERS PROVIDED)
Under Section 77 of the Electronic Communications and Transactions Act
25 of 2002 (ECTA), Mr X can issue Take-down notification to notify West-
World Internet Ltd that the messages posted on the bulletin board are
defamatory and request the Internet service provider (ISP) to remove
them1.
Section 77 of the ECTA states that a person who claims that their rights
have been infringed due to information that is published by another
person on an online platform, such as a bulletin board, may request the
ISP hosting the platform to remove the information or disable access to it.
This request must be made in writing and must identify the information
that is claimed to be unlawful and provide reasons for the claim.2
In the case of H v W (12/10142) [2013] ZAGPJHC 1, the court clarified that
the notice to the ISP should include the necessary information to enable
the ISP to identify the specific defamatory statements and locate them on
their system. The notice should also make it clear that the statements are
defamatory and explain why they are defamatory.
Mr X can therefore draft a written notice to West-World Internet Ltd,
referring to Section 77 of the ECTA and the H v W case, stating that the
messages falsely implicating him in the terrorist attack are defamatory.
The notice should identify the specific messages that are defamatory,
provide reasons why they are defamatory, and request that West- World
Internet Ltd removes them or disables access to them.
It is important for Mr X to ensure that the notice is clear, concise, and
includes all the necessary details required under the ECTA and as clarified
by the H v W case. This will help strengthen his legal position and provide
West-World Internet Ltd with sufficient information to assess the
defamatory nature of the messages and take appropriate action.
OR
1
Section 77(1) Electronic Communications and Transactions Act 25 of 2002.
2
Section 77(2) Electronic Communications and Transactions Act 25 of 2002
, According to Section 77 of the Electronic Communications and
Transactions Act 25 of 2002 (ECT Act) in South Africa, Mr X could take the
following legal steps to notify West-World Internet Ltd:
1. Send a takedown notice: Mr X could send a notice to West-World
Internet Ltd, requesting them to remove the defamatory messages.
The notice should specify the exact location of the messages,
provide evidence of the defamatory nature, and request the ISP to
take appropriate action to disable access to or remove the
messages. The notice should be sent to the designated contact
person or address provided by West-World Internet Ltd for receiving
such notices.
2. Provide supporting evidence: Mr X should provide any supporting
evidence he has to prove that the messages are defamatory and
falsely implicate him. This could include screenshots or printouts of
the messages, witness statements, or any other relevant evidence.
In H v W case (12/10142) [2013] ZAGPJHC 1 (30 January 2013), the court
held that ISPs have a duty to remove defamatory content once they
receive a notice from the defamed party or an authorized representative.
The court also emphasized the importance of prompt action by the ISP to
avoid further harm and potential liability.
It is important to note that while Mr X can request the removal of the
defamatory messages, the ISP may also have certain legal obligations and
procedures to follow before taking action. Therefore, it is crucial for Mr X
to be clear and concise in his communication to the ISP and provide all
necessary supporting evidence to substantiate his claim.3
3
Section 77(2) Electronic Communications and Transactions Act 25 of 2002
