[Company name]
LCR4805
Assignment 1
Semester 2 2024
(615856)
QUESTIONS WITH DETAILED ANSWERS
, 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” information
LCR4805
Assignment 1
Semester 2 2024
(615856)
QUESTIONS WITH DETAILED ANSWERS
, 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” information
