E-Commerce Law – Key Concepts Review

Under South African law, copyright protects the __ of ideas, not the ideas themselves.

expression

For copyright to subsist, a work must be __, fixed in material form, and created by a qualified author.

original

Copyright in South Africa arises __; there is no need for registration.

automatically

The principal statute governing copyright in South Africa is the __ Act 98 of 1978.

Copyright

Copyright holders enjoy the exclusive right to __ (i.e., reproduce) their works.

copy

Sound recordings enjoy protection for __ years from publication or the author’s death (whichever applies).

50

Computer programs are protected as __ works under the Copyright Act.

literary

The international treaty that requires automatic protection and national treatment is the __ Convention.

Berne

Digital Rights Management (DRM) technologies are intended to combat online copyright infringement caused by easy __ and sharing.

copying

Primary infringement occurs when a person directly performs an act reserved for the __ holder.

copyright

Helping others to infringe copyright (e.g., selling pirate copies) is called __ infringement.

secondary

The South African case that confirmed software copying without consent is infringement is __ v Brewers Marketing (2006).

Haupt

A hyperlink that bypasses a paywall or DRM may be infringing because it defeats the copyright owner’s __ controls.

access

In __ v Microsoft, deep-linking and framing were challenged as potential copyright infringements.

Ticketmaster

The unauthorised display of another website’s content inside your own frame is known as __.

framing

According to POPIA, any operation involving personal information, including collection or destruction, is called __.

processing

A person to whom personal information relates is called the __ in both the ECT Act and POPIA.

data subject

The entity that determines the purpose and means of processing personal data is the __ (also “responsible party”).

data controller

A person or organisation that processes data on behalf of a controller is termed a __.

data processor

Unsolicited electronic communications promoting goods or services are generally referred to as __.

spam

Highly sensitive personal data such as race, health or biometric data is classified in POPIA as __ personal information.

special

Processing operations that pose greater privacy risks, like cross-border transfers or profiling, are called __ processing activities.

special

Monitoring or recording communications without at least one party’s knowledge is defined as __ under RICA.

interception

Section 14 of the Constitution protects the right to __, including freedom from search and seizure and communication interference.

privacy

The leading privacy case that formulated a test of ‘legitimate expectation’ is __ v Bester (1996).

Bernstein

The common-law delict protecting reputation against false statements is __.

defamation

For defamation, publication must reach at least __ other person.

one

In __ v Touchline Media, sending an email satisfied the publication requirement for defamation.

Tsichlas

Speech that advocates hatred and incites harm on prohibited grounds is excluded from protection under Section __(2)(c) of the Constitution.

16

The statute chiefly prohibiting hate speech in South Africa is __ (abbreviation).

PEPUDA

Victims of hate speech may seek remedies such as apologies or damages in the __ Court.

Equality

The 2019 amendment to the Films and Publications Act criminalises sharing intimate images without __.

consent

Under the Cybercrimes Act, distributing an intimate image without permission is an offence that can attract up to __ years’ imprisonment.

2

Sexting between minors is treated as __ pornography under section 24B(2) of the FPA.

child

Internet Service Providers