Unauthorised use of the trademark logo on social media on a massive scale has led to frequent legal conflicts between trademark holders, social media providers and internet users and legal uncertainty. The thesis concludes that trademark infringement and dilution laws in the U.S. and EU are inadequate to solve this problem. The trademark logo on social media should be protected against unauthorised use, even though it is not used to sell the good or service the trademark indicates, but is used in a commercial environment. Two premises for any solution are that first the enforcement should be made automatic, since litigation on a case-by-case basis is not scalable, and second that the safe harbour provisions for online service providers, that aggravate the problem, should be substituted for strict liability. The trademark logo can be seen as the personification of the trademark holder, and one can argue that the stability of the trademark logo is not only in the interest of the trademark holder but also of society at large. One can argue that trademark dilution already provides a kind of moral right of integrity for the trademark logo. However, this right is limited to trademark logos that are considered famous or have a reputation, and, moreover, that are used in a commercial way. This thesis argues that also the trademark logo that did not reach the requested level of fame or reputation and is used in a non-commercial way should also be protected against unauthorised use on social media. Therefore the moral right of integrity is proposed for the trademark logo. Until the law will be amended to include a moral right of integrity for the trademark logo, this thesis suggests to implement proactive solutions in the walled gardens of social media as a testing ground for potential legislation. This automated solution is scalable, makes intellectual property protection and enforcement not only effective but also more calibratable to social policy goals and will inevitable lead to an algorithmic justice. / 社交媒體上大規模未經授權使用的商標標誌為商標持有人、社交媒體提供商和互聯網用戶之間帶來法律衝突，更帶來法律上的不確定性。本文提出的結論是美國與歐盟有關商標被侵犯和稀釋的法律並不足以解決這個問題。縱使在社交媒體上的商標標誌未被用作銷售貨品或服務，但由於是在商業環境使用，所以法律應該保障其免被未經授權使用。任何解決方法都必須基於兩個前設。首先由於按個別情況興訟的可行性低，所以執法應該自動化。其二網絡服務供應商所依賴的避風港條款只會使問題更加嚴重，因此應該採用嚴格法律責任。商標標誌可被視為商標持有人的縮影，而商標標誌的穩定性除了對商標持有人有利之外，可謂對廣大社會也有裨益。法律所保障商標免被稀釋本身可說是一種對商標標誌完整性的精神權利的認可。但現時只有被認為著名，有聲譽，以及作商業用途的商標標誌才享有此權利。本文強調一般未達到著名或有聲譽，以及未作商業用途的商標標誌在社交媒體上應該受到同等免被未經授權使用的保障。就此，本文提出商標標誌應享有完整性的精神權利。在修法保障商標標誌完整性的精神權利前，本文建議在社交媒體這個空間裡採納積極的措施，以測試未來法律條文的可行性。此自動化的方案有可擴展性，使保障和執行知識產權既有效率，又可對準社會政策的目標，更必然會帶來算法公義。 / Friedmann, Danny. / Thesis Ph.D. Chinese University of Hong Kong 2013. / Includes bibliographical references (leaves 354-380). / Abstracts also in Chinese. / Title from PDF title page (viewed on 05, October, 2016). / Friedmann, Danny. / Detailed summary in vernacular field only.

Social media is fast becoming an ever-increasingly significant part of the world of business and a phenomenon which cannot be evaded. The advent of social media in the workplace compels organisations to acclimatise to the transformation emanating from employees‟ adoption of these technologies (Hanaki & Casella, 2008). Approximately seventy percent of organisations do not have a social media governance framework in place (Fink et al., 2011). Social media governance in organisations is very disjointed; companies have varying stances as to social media strategy, the risks, benefits and business use of social media (Thompson et al., 2011). The growth of social media and its use in the business environment will see a more standardised approach to social media governance (Thompson et al., 2011). Being at the forefront of technology development in Africa, and in certain areas, globally (Government of the Republic of South Africa, 2012), places added emphasis on IT organisations in South Africa to set the standard as it relates to social media governance. The diversity and depth of the human and technology resources within these organisations, creates an environment conducive to establishing and pioneering sound social media governance structures. The treatise consists of a study on the governance of social media and the successive development of two frameworks; an integrated framework for the governance of social media in the workplace, as well as integrated framework for a social media policy within an IT organisation. These frameworks are empirically evaluated amongst employees, within the context of Information Technology (IT) organisations, in South Africa. Several recommendations are proposed by the author in relation to the adoption of the proposed frameworks.

Cyber bullying is a growing phenomenon in schools all over the world, and it is evident that cyber bullying presents certain unique problems for schools in the regulation thereof. From the number of different definitions of cyber bullying, it is also evident that there is no clear concept of the exact nature of cyber bullying, and how it should be addressed in schools. The existing legal framework in South Africa can be used to address cyber bullying in schools, but there is no legislation or policy that is directly aimed at the regulation of cyber bullying at school level. The purpose of this research is to develop a law and policy framework for the effective regulation of cyber bullying in schools. Firstly, a literature review was conducted to determine the nature of cyber bullying and to examine how cyber bullying in American schools is regulated by law. Secondly, a literature study determined the human rights obligations with regard to protecting learners against cyber bullying, and reviewed how current South African law and policy speaks to addressing cyber bullying in schools. In order to investigate the occurrence of cyber bullying in South African schools practically, a case study was conducted at a South African school. All the resources mentioned above were used to develop an education-specific law and policy framework to address cyber bullying in South African schools effectively. This framework includes a suggested insertion in the South African Schools Act, draft Guidelines for the regulation of cyber bullying in schools, draft provisions for schools’ Codes of conduct for learners and an information brochure on cyber bullying. / Public, Constitutional and International Law / LL. D.

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.