LCR4805 PORTFOLIO MEMO - MAY/JUNE 2024 - SEMESTER 1 - UNISA - DUE DATE :- 22 MAY 2024 (DETAILED ANSWERS WITH FOOTNOTES AND BIBLIOGRAPHY - DISTINCTION GUARANTEED!)

LCR4805 PORTFOLIO MEMO - MAY/JUNE 2024 - SEMESTER 1 - UNISA - DUE DATE :- 22 MAY 2024 (DETAILED ANSWERS WITH FOOTNOTES AND BIBLIOGRAPHY - DISTINCTION GUARANTEED!) QUESTION 1 NOTE THE CHOICE THAT YOU HAVE ON THIS QUESTION 1.1 Amid comments by football lovers in Likakapa sports newspaper, one of the commentators Mr Sibolla, responded on a heated debate concerning a famous football coach’s failure to take the team to the finals. Meanwhile, Khokolo, the football lover wrote these words, “why is Mr Mashabala trending?” in reply Mr Sibolla, used: - . Mr Mashabala intends suing the reporter. (a) Advise him on the necessary remedy and who Mr. Mashabala should direct the complaint against. (10) (b) Explain the requirements for the remedy identified. (10) (c) In light of the emoticon used and referring to any local and or internationally reported cases, evaluate the necessary evidence surrounding the identified remedy. (10) [30] Your answer should not exceed 1500 words, which is about three typed pages. Note that direct copying and pasting from sources will not be marked, and full references in the Unisa required OSCOLA style should be included. OR (Please note that you have a CHOICE between Question 1.1 and Question 1.2. In other words, you can do either Question 1.1 OR 1.2. Don’t do both.) 8 LCR4805 May/June 2024 [TURN OVER] 1.2 Mrs Robinson is a blog writer and restaurant reviewer and she writes about new restaurants in an internet link . Her blogs focus predominantly on newly established restaurants in the Durban area. In a local community newspaper, an article was written by ABC publishers stating that a new Chinese restaurant in Umhlanga, Sweet and Sour Restaurant, does not provide good quality beef meals. The publisher went on and stated that the beef does not taste like beef and customers should be wary of it. In the same article the publisher stated that there are lots of dogs disappearing in the neighbourhood. This newspaper article drew a lot of attention and as a result the restaurant receives few customers. Mrs Robinson decided to follow up on this article and published on her blog an article titled, Sweet and Sour Restaurant, not so sweet? The article reiterates what ABC publishers stated in their newspaper article. There are a lot of comments on the blog and in one instance Mrs Robinson is asked by a follower to review the restaurant, Mrs Robinson responds and states that she is afraid of reviewing the food because Chinese people have a reputation of eating dogs. Her blog receives a lot of attention from the public and as a result Sweet and Sour Restaurant loses a lot of money. With reference to applicable law, critically discuss the liability of ABC publishers and Mrs Robinson to a claim of defamation and / hate speech. Your answer should not exceed 1500 words, which is about three typed pages. Note that direct copying and pasting from sources will not be marked, and full references in the Unisa required OSCOLA style should be included. [30] QUESTION 2 Rose is a communications assistant at a financial institution. Some of her duties entail posting information about social and administrative events for the company. The financial institution as a company has the personal information of all its employees including their sexual orientation. On 5 June, the company hosted an event for the LGBTQ community. Rose requests the HR team to provide her with a list of people from the LGBTQ community. After the event, Rose posted pictures of people attending the event and listed some of the names of employees who are in the LGBTQ community on the company’s Facebook page. Rose did not use any of the privacy settings on Facebook; therefore, the webpage was visible to the public. a) Is the POPI Act applicable to the scenario provided above? Explain. (10) b) Is Rose an operator or a responsible party? Explain. (7) c) List the personal information in the scenario that was published. (6) d) What are the rights of the affected parties in terms of the POPI Act? Explain. (7) [30] 9 LCR4805 May/June 2024 [TURN OVER] QUESTION 3 Mr and Mrs Dube have been married for ten years. Mr Dube’s job requires lots of work trips abroad. Mr Dube is convinced that his wife, Mrs Dube is cheating on him as she is not as loving as she was before, and she has put a password on her phone. Mr Dube approaches Mrs Dube’s telecommunication service provider (ZYE Pty Ltd) with their marriage certificate and requests ZYE Pty Ltd to provide him with a copy of all phone call records, messages and messages, calls and recordings on Mrs Dube’s phone. ZYE Pty Ltd provides Mr Dube with all phone records. Mr Dube goes through the records and his suspicions are confirmed. Mr Dube confronts Mrs Dube and with that information has an altercation with Mrs Dube. Does the conduct of Mr Dube and ZYE Pty Ltd amount to unlawful interception of electronic communication? If it amounts to unlawful interception of electronic communication, are there any grounds of justification which might result in the interception being lawful? Discuss and substantiate your answer. Your answer should not exceed 1500 words, which is about three typed pages. Note that direct copying and pasting from sources will not be marked, and full references in the Unisa required OSCOLA style should be included. [20] QUESTION 4 Signatures are the best means of accomplishing authentication. With reference to prescribed resources, recommended resources, and your own independent research, provide an opinion explaining when an advanced electronic signature is required. You should also include in your answer whether South African Law allows the use of electronic signatures. Do not merely cite the sections verbatim from the applicable legal provisions. A critical analysis and discussion around the applicable legal provisions and case law is required. Your answer should not exceed 1500 words, which is about three typed pages. Note that direct copying and pasting from sources will not be marked, and full references in the Unisa required OSCOLA style should be included. [20] TOTAL: [100]