LML4810
ASSIGNMENT 2
SEMESTER 2
2022
UNIQUE NUMBER
646898
, You are a final year LLB student, registered at a Higher Learning University.
Immediately after registering, you started receiving marketing advances via
SMS from different institutions promoting their educational programmes and
tools. In order to opt out you have to pay a tariff to stop the unwanted messages.
A friend of yours tells you that there are laws that protect users against such
practices.
1. Identify and define the issue at play in the set of facts above. (5)
2. Identify and discuss applicable South African laws in this regard. (10)
3. Briefly discuss one jurisdiction that use a different mechanism in
protecting users from the issue you needed to identify in question 1
above. (5)
4. Identify and briefly outline provisions in regional and international
instruments that are applicable in this instance. (5)
Question 1
Unsolicited electronic communications is present in these set of facts. Other terms
referring to spam include: unsolicited commercial communications (UCC); unsolicited
electronic messages (UEM). Unsolicited electronic communications can be defined as
“in relation to the data message reading goods or services, mean that the data
message has been transmitted to a consumer by or on behalf of a supplier without the
consumer having expressly or implicitly requested that data message”.1
1 Section 1(ss) of the Electronic Communications and Transactions Amendment Bill 2012.
ASSIGNMENT 2
SEMESTER 2
2022
UNIQUE NUMBER
646898
, You are a final year LLB student, registered at a Higher Learning University.
Immediately after registering, you started receiving marketing advances via
SMS from different institutions promoting their educational programmes and
tools. In order to opt out you have to pay a tariff to stop the unwanted messages.
A friend of yours tells you that there are laws that protect users against such
practices.
1. Identify and define the issue at play in the set of facts above. (5)
2. Identify and discuss applicable South African laws in this regard. (10)
3. Briefly discuss one jurisdiction that use a different mechanism in
protecting users from the issue you needed to identify in question 1
above. (5)
4. Identify and briefly outline provisions in regional and international
instruments that are applicable in this instance. (5)
Question 1
Unsolicited electronic communications is present in these set of facts. Other terms
referring to spam include: unsolicited commercial communications (UCC); unsolicited
electronic messages (UEM). Unsolicited electronic communications can be defined as
“in relation to the data message reading goods or services, mean that the data
message has been transmitted to a consumer by or on behalf of a supplier without the
consumer having expressly or implicitly requested that data message”.1
1 Section 1(ss) of the Electronic Communications and Transactions Amendment Bill 2012.
