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LCR4805 Assignment 1 (ANSWERS) Semester 2 2024 - DISTINCTION GUARANTEED

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Well-structured LCR4805 Assignment 1 (ANSWERS) Semester 2 2024 - DISTINCTION GUARANTEED. (DETAILED ANSWERS - DISTINCTION GUARANTEED!).... 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 answer to Question 1 may not exceed 3 typed pages. More but related content can be acceptable. • To find sources from the library’s databases, you can make use of the LibGuides link: QUESTION 2 Critically discuss whether the processing of personal information poses a threat to the right to privacy. (15) Discuss in detail by referring to court cases, legislation (if applicable), and academic commentators. 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 answer to Question 2 may not exceed 3 typed pages. More but related content can be acceptable.

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August 8, 2024
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Written in
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LCR4805
Assignment 1 Semester 2 2024
Unique Number: 615856
Due Date: August 2024


QUESTION 1
a. (2 ANSWERS PROVIDED)
To address the issue of the fake profile on social media, Mr. Tom has two primary legal options
available under South African law: submitting a Section 77 takedown notice and applying for an
interdict.

1. Section 77 Takedown Notice under the ECT Act: Mr. Tom can issue a takedown notice to
the service provider of the social media platform pursuant to Section 77 of the Electronic

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