LCR4805 Assignment 1
(COMPLETE ANSWERS)
Semester 2 2024 (615856)
100% GUARANTEED
, LCR4805 Assignment 1 (COMPLETE ANSWERS)
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. •
(COMPLETE ANSWERS)
Semester 2 2024 (615856)
100% GUARANTEED
, LCR4805 Assignment 1 (COMPLETE ANSWERS)
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. •
