[Date]
LCR4805
Assignment 1
Semester 2 2024
(615856)
QUESTIONS WITH COMPLETE 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 from the Internet. You have to
communicate the information in your own words. • Length restriction: Your
LCR4805
Assignment 1
Semester 2 2024
(615856)
QUESTIONS WITH COMPLETE 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 from the Internet. You have to
communicate the information in your own words. • Length restriction: Your
