LCR4805 Assignment 1 (DETAILED ANSWERS) Semester 2 2024 - DISTINCTION GUARANTEED - DISTINCTION GUARANTEED - DISTINCTION GUARANTEED Answers, guidelines, workings and references .. 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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