[TYPE THE COMPANY NAME]
LCR4805 Assignment 1 (COMPLETE
ANSWERS) Semester 1 2026 - DUE
March 2026
NO PLAGIARISM
[Pick the date]
[Type the abstract of the document here. The abstract is typically a short summary of the contents of
the document. Type the abstract of the document here. The abstract is typically a short summary of
the contents of the document.]
,Institution
University Of South Africa (Unisa)
Course
Selected Private and Criminal Law Principles of the Internet
(LCR4805)
Exam (elaborations)
LCR4805 Assignment 1 (COMPLETE ANSWERS) Semester
1 2026 - DUE March 2026
LCR4805 Assignment 1 (COMPLETE ANSWERS) Semester 1 2026 - DUE March
2026; 100% TRUSTED Complete, trusted solutions and explanations Ensure
your success with us.
After a fire breaks out in a shopping mall in Pretoria East, South Africa, a
popular blog hosted by NetHost Ltd (a South African Internet Service
Provider) publishes an article alleging that Mr. Rodgers, a local businessman,
paid someone to start the fire. The article goes viral and appears in Google
search results. As a result of this article, Mr Rodgers suffers reputational
damage and loses several clients. a) In order to institute a defamation claim,
Mr Rodgers must prove that publication took place. Discuss what the term
publication means in this instance and explain when it will take place. In your
answer, refer to applicable law. (5)
(a) Publication in a Defamation Claim
1. Introduction
In order to succeed in a defamation claim under South African law, Mr Rodgers must prove:
1. Publication
2. Of a defamatory statement
3. Concerning him
The focus here is the first requirement: publication.
In defamation law, “publication” has a technical meaning distinct from everyday usage. It does
not require printing or formal distribution. It simply means communication of defamatory matter
to at least one person other than the plaintiff.
, 2. Meaning of Publication
2.1 General Definition
In South African law, publication occurs when:
A defamatory statement is made known to at least one person other than the person defamed.
This principle is well established in our law of delict. The rationale is that defamation protects
reputation, which exists in the estimation of others. Therefore, damage only arises when others
hear or read the statement.
If the defamatory statement is communicated only to Mr Rodgers himself, there is no publication
and therefore no defamation.
3. Publication in the Context of the Internet
3.1 Online Communication as Publication
South African courts have recognised that online statements — including blog posts, social
media posts, and website content — constitute publication once they are made accessible to third
parties.
The leading case is Tsichlas v Touch Line Media (Pty) Ltd 2004 (2) SA 112 (W).
In that matter, the court confirmed that:
Defamation can occur via the Internet.
Publication occurs where and when the material is accessed by a third party.
The ordinary principles of defamation apply to online content.
Thus, when the blog hosted by NetHost Ltd published the allegation that Mr Rodgers paid
someone to start the fire, publication occurred as soon as at least one third party accessed and
read the article.
4. When Does Publication Take Place?
4.1 Moment of Publication
For Internet defamation, publication occurs:
LCR4805 Assignment 1 (COMPLETE
ANSWERS) Semester 1 2026 - DUE
March 2026
NO PLAGIARISM
[Pick the date]
[Type the abstract of the document here. The abstract is typically a short summary of the contents of
the document. Type the abstract of the document here. The abstract is typically a short summary of
the contents of the document.]
,Institution
University Of South Africa (Unisa)
Course
Selected Private and Criminal Law Principles of the Internet
(LCR4805)
Exam (elaborations)
LCR4805 Assignment 1 (COMPLETE ANSWERS) Semester
1 2026 - DUE March 2026
LCR4805 Assignment 1 (COMPLETE ANSWERS) Semester 1 2026 - DUE March
2026; 100% TRUSTED Complete, trusted solutions and explanations Ensure
your success with us.
After a fire breaks out in a shopping mall in Pretoria East, South Africa, a
popular blog hosted by NetHost Ltd (a South African Internet Service
Provider) publishes an article alleging that Mr. Rodgers, a local businessman,
paid someone to start the fire. The article goes viral and appears in Google
search results. As a result of this article, Mr Rodgers suffers reputational
damage and loses several clients. a) In order to institute a defamation claim,
Mr Rodgers must prove that publication took place. Discuss what the term
publication means in this instance and explain when it will take place. In your
answer, refer to applicable law. (5)
(a) Publication in a Defamation Claim
1. Introduction
In order to succeed in a defamation claim under South African law, Mr Rodgers must prove:
1. Publication
2. Of a defamatory statement
3. Concerning him
The focus here is the first requirement: publication.
In defamation law, “publication” has a technical meaning distinct from everyday usage. It does
not require printing or formal distribution. It simply means communication of defamatory matter
to at least one person other than the plaintiff.
, 2. Meaning of Publication
2.1 General Definition
In South African law, publication occurs when:
A defamatory statement is made known to at least one person other than the person defamed.
This principle is well established in our law of delict. The rationale is that defamation protects
reputation, which exists in the estimation of others. Therefore, damage only arises when others
hear or read the statement.
If the defamatory statement is communicated only to Mr Rodgers himself, there is no publication
and therefore no defamation.
3. Publication in the Context of the Internet
3.1 Online Communication as Publication
South African courts have recognised that online statements — including blog posts, social
media posts, and website content — constitute publication once they are made accessible to third
parties.
The leading case is Tsichlas v Touch Line Media (Pty) Ltd 2004 (2) SA 112 (W).
In that matter, the court confirmed that:
Defamation can occur via the Internet.
Publication occurs where and when the material is accessed by a third party.
The ordinary principles of defamation apply to online content.
Thus, when the blog hosted by NetHost Ltd published the allegation that Mr Rodgers paid
someone to start the fire, publication occurred as soon as at least one third party accessed and
read the article.
4. When Does Publication Take Place?
4.1 Moment of Publication
For Internet defamation, publication occurs:
