The jurisdiction is South Africa.

QUESTION 1 [10 Marks]

In the wake of a global multi-disciplinary sporting event which takes place every 4 (four) years, allegations are made regarding the sex of a few of the athletes. The allegations include that the persons purported to be participating in the alleged sporting codes are not cis-gender women but rather cis-gender men and are competing in the women's events to gain an unfair advantage. A well-known author, Terf McKesson, publishes on her social media account, "Does 'it' know what a tampon is?" with a picture of the athlete, Jamie. Determine whether and how Jamie's personality rights may have been violated.

QUESTION 2 [10 Marks]

Take the facts in question 1 again and suppose Jamie decides to take legal action against Terf McKesson. Are there any grounds on which Terf McKesson can resist the claim?