This study focuses on the use of Social Network Sites (SNSs) and certain personality rights (specifically the right to privacy and the right to identity) that may be infringed by this use. The study also discusses data protection law as the protection of the rights to privacy and identity are interlinked with data protection in that data protection assumes importance when there is processing of personal information on SNSs. The study seeks to determine whether South African law provides adequate protection for the interests that form the object of these personality rights, and highlights certain shortcomings, particularly in the context of SNSs. It also suggests solutions where there are shortcomings by learning from other jurisdictions. Related issues investigated are: who should be held responsible for the user-generated content uploaded on SNSs; the role of the Internet Service Provider (ISP); and how to deal with anonymous defendants. / Private Law / LL. M.

The study set out to investigate the provision of sustainable internet access to public libraries in South Africa. The rationale of the study was to investigate how sustainable internet access can be provided to public libraries in South Africa and to determine how they have developed and are regulated. Internet access is a key driver in delivering information services to the users and a critical tool in facilitating information sharing regardless of platform and geographic location. Therefore, the level of information and communications technology (ICT) penetration in public libraries formed a critical part of the study as the provision of internet to these libraries depends on available ICTs. The study employed a survey design and used interview tool to collect data from nine participants. Questionnaire augmented interviews as they were used to collect data from 322 respondents. The study used the probability sampling technique to collect data from the participants. The purposive sampling technique was used to select the participants for the interview, whereas the stratified probability, proportional to size, and systematic techniques were also used to select respondents in the senior categories, namely heads of public libraries. This ensured a sample size of 331 out of a population of 1 621 selected for the study. The sample size consisted of nine directors and 322 head librarians. No sampling was done on the nine heads (directors) of provincial public libraries, as the nature of this population did not warrant further dissection due to its small size. A Microsoft Excel spreadsheet was used to analyse data. Questionnaires were analysed when they were returned and interviews were analysed when they were conducted. Written descriptions, tables and figures were used to present data in an elaborative manner. Data was also presented through frequencies and percentages. It emerged from the study that most public libraries (97%) were connected to the internet. The findings of the study showed that most public libraries (80%) were connected to the internet through the fixed lines and that each of the nine provinces had its own internet service providers (table 5.12). The study recommended fixed lines for internet access to be laid to all public libraries in South Africa and that a government agency be used as a dedicated internet service provider for public libraries across all the nine provinces. A further study was recommended about the application of an internet access model used by academic institutions to public libraries. / Information Science / D. Litt. et Phil. (Information Science)

In the context of the Internet, spam generally refers to unsolicited and unwanted electronic messages, usually transmitted to a large number of recipients. The problem with spam is that almost all of the related costs are shifted onto the recipients, and many of the messages contain objectionable content. Spam has become a significant problem for network administrators, businesses and individual Internet users that threatens to undermine the usefulness of e-mail. Globally, spam spiralled to account for over 60% of all e-mail near the end of 2004. It is a problem that costs the global economy billions of dollars a year in lost productivity, anti-spam measures and computer resources. It has forced governments to enact legislation against the problem and it has prompted the development of numerous technical countermeasures. Spam can only be defeated by a combination of legal measures, informal measures (including self regulation and social norms), technical measures and consumer education. Because spam is a relatively recent and evolving problem, the application of various common law mechanisms are explored, including the law of privacy and the law of nuisance. Various constitutional concerns may also arise in the context of spam, and the right to freedom of expression must be balanced against other competing rights and values, including the right to privacy. Comparative legislation is examined, because it is important to recognise trends in spam legislation in other jurisdictions so as to ensure a measure of interoperability with those laws. The practical difficulties in identifying spammers, and the lack of jurisdiction over offshore offenders affect the practical implementation of the current protection offered by the ECT Act. In conclusion, this thesis identifies the need for direct anti-spam legislation in South Africa, and suggests various clauses that will need to be catered for in the legislation. It is submitted that "opt-in" legislation should be preferred over "opt-out" legislation. It is further submitted that a definition of spam should be based on the volume and indiscriminate nature of the e-mail, and not only on whether the communication was commercial. Therefore, a definition of bulk unsolicited e-mail is proposed. / Criminal and Procedural Law / LLD

Copyright law is a special category of civil law which, with the upswing of the Internet, has become important for different types of stakeholders in the global information society. The 'participative web' operates with content generated by users. This user-generated content has often disputable origins in terms of copyright clearance. The Internet has opened the possibility for developing new forms of communication between anonymous or individual users who are not easily identifiable. Especially peer-to-peer file sharing and recently the information services offered and operated by the so-called 'cyberlockers' are the reason of questioning the role of copyright protection online which needs a beneficial solution. Copyright infringement in the era of information society is a complex phenomenon with a multiplicity of contributing factors like the importance of information data with big business potential, personal attitudes shown by internet users towards the value and scarcity of intellectual property, or legal responsibility of internet service providers (ISP) who paradoxically act from the safety of the so-called safe harbours as intermediaries of information exchange, representing a new element in the communication chain between rights holders and users. Commercial and business models operating...