LML4810 ASSIGNMENT 2 MEMO - SEMESTER 2 - 2022 - UNISA - (WITH DETAILED FOOTNOTES AND BIBLIOGRAPHY)
UNIQUE NUMBER:
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 insti...
lml4810 assignment 2 memo semester 2 2022 unisa with detailed footnotes and bibliography
you are a final year llb student
registered at a higher learning university immediately after regis
Written for
University of South Africa (Unisa)
LML4810 - Legal Aspects Of Electronic Commerce
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LML4810
Legal Aspects of Electronic Commerce
ASSIGNMENT 2 MEMO
Semester 2 - 2022
Unique number: - 646898DUE: 30 SEPTEMBER 2022
Includes Footnotes and/or Bibliography
DOCUMENT PREVIEW
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 of yours opt out you have to pay a tariff to stop the unwanted messages. A
friend 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)
TOTAL: [25]
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LLB EXAMPACKS & TUTORIALS.
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 of yours opt
out you have to pay a tariff to stop the unwanted messages. A friend 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)
QUESTION 1
(a)
Hanmann and Papadopoulos define these terms as follows. In terms of a marketing perspective,
direct marketing is a system of marketing where the marketer communicates directly with a
customer with the goal that the interaction will exact a measurable response and/or transaction.1
From a legal perspective, South African legislation defines direct marketing in section 1 of the
CPA2 and section 1 of the PPI Act3, as an approach to a person (or data subject in the case of
the PPI Act4), either in person or by mail or electronic communication, for the direct or indirect
purpose of promoting, offering to supply, in the ordinary course of business, any goods or services
or to request a donation of any kind.
Spam can be in the form of direct marketing, but it is wider than just direct marketing, as it may
also take the form of solicitation for questionable products, or services, or contain fraudulent or
deceptive content. It can also include hoaxes, virus warnings, urban legends, jokes, chain letters,
newsletters, opinion surveys, requests for support or donations and hate mail, that is, non-
commercial electronic communications. Spam has also been used to distribute viruses and
malicious code.5
1 Hanmann B and Papadopoulos S. “Direct marketing and spam via electronic communications: An analysis of the
regulatory framework in South Africa”
2 Consumer Protection Act 68 of 2008
3 The Protection of Personal Information Act 4 of 2013
4 The Protection of Personal Information Act 4 of 2013
5 Hanmann B and Papadopoulos S. “Direct marketing and spam via electronic communications: An analysis of the
regulatory framework in South Africa”
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