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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
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
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