Electronic Theses and Dissertations (Masters)

Permanent URI for this collectionhttps://hdl.handle.net/10539/37939

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Start date: 2020Subject: search.filters.subject.SDG-9: Industry, innovation and infrastructure

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Now showing 1 - 10 of 11
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    The development of e-technology at the pleading And pre-trial stage of civil procedure
    (University of the Witwatersrand, Johannesburg, 2023) Ferreira, Marius Salomon
    South Africa has been lodged into embracing the e-platforms since the advent of the lockdown restrictions of the Covid-19 pandemic. CaseLines, and later-on Court Online, have been introduced to the South African judicial adversarial system in the High Court Divisions in Gauteng. Since its inception, the Caselines and Court Online electronic platforms (e-platforms) have undergone numerous amendments to comply with traditional civil procedure. At the same time, the e-platforms are being used to change the civil procedure at the Gauteng Divisions. The purpose of this report is to critically analyse the CaseLines and Court Online e-platforms and the online civil procedure, through the applicable directives in place, as well as the current Rules of Court, in order to determine its effectiveness in South African civil procedure as well as its fairness in the current South African dispensation. The procedure at the High Court Gauteng Divisions is further compared to the procedure at the Labour Court and Commission for Conciliation, Mediation and Arbitration (CCMA), who have both utilised the use of certain online procedures long before the introduction CaseLines and Court Online. The use of evidence on an online e-platform is critically discussed to determine whether it is in line with the current laws involving the admission of evidence in the South African judiciary. The online judicial system in South Africa is critically compared to the current online procedures in the United States of America and in the United Kingdom to determine whether any lessons can be taken from the foreign judiciaries in terms of online civil procedure. Lastly, the report will provide concluding remarks and recommendations to consider for the South African e-platform and online civil procedure.
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    A constitutionalised approach towards consent and private information on social media platforms: adjudicative subsidiarity and the privacy laws of South Africa
    (University of the Witwatersrand, Johannesburg, 2023) Panda, Thabiso
    This research inquiry analyses the concept of consent in a social media context, which is a part of the process which individual users have to undergo when affiliating themselves with online social media platforms. The aim of these platforms is to use, collect, process, share and store users’ private personal information. The analysis engages various legislative frameworks such as the common law, statute, and legislation, to adjudicate issues related to the concept of consent – which ought to be informed. If consent is not informed, this analysis highlights the effect(s), by accentuating its negative implications on the constitutional rights of individual users, such as privacy and dignity. The research inquiry starts by examining these constitutional provisions and is followed by applying a rights-based approach to address the nuances concerning consent on online social media platforms. Furthermore, it considers whether an adjudicative subsidiary can be employed to avoid overextending the powers of the Constitution. The inquiry also investigates infringements related to informational privacy and evaluates the legal framework intended to safeguard user information from anticipated risks on online social media platforms. The purpose of the legal framework, involves interrogating non-constitutional sources against the Constitution – by giving effect to the constitutional right to privacy, as well as in part, dignity. These non-constitutional sources aim to address the potential risks of privacy violations that users may encounter consequent to giving consent when joining the online social media platforms. The act of consenting by users on these platforms allows them to exercise their right to autonomy – which has a significant moral role.
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    Artificial intelligence and automated decision making under the GDPR and the POPIA
    (University of the Witwatersrand, Johannesburg, 2024) Goldman, Gavin David; Zitzke, E.
    This analysis considers the concepts of AI and machine learning and examines their reliance on the processing of personal data and the challenges this poses from a data- privacy and human-rights perspective, particularly in relation to profiling. It evaluates the effectiveness of the General Data Protection Regulation (GDPR) and the Promotion of Personal Information Act 4 of 2013 (POPIA) in regulating Automated Decision Making (ADM) and considers the limitations of the right to an explanation under these provisions. The analysis proposes that the current framework of the GDPR and POPIA does not clearly address the issue of explainability and that the focus should shift to providing a data subject with a counterfactual to give practical effect to this right which would better serve data subjects
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    A practical review of the effectiveness of artificial intelligence in the automated review of legal contracts
    (University of the Witwatersrand, Johannesburg, 2023) Fouché, Jacques Gerrit
    This research report compares the performance of AI-driven automated contract review platforms with that of human contract reviewers, aiming to see improved effectiveness for the elements of time, cost and quality. An empirical study is done by comparing the specific performance of an automated contract review platform provider, Lawgeex, to the human contract reviewers of a business entity, Endress+Hauser. The results of the effectiveness assessment are reported on through dashboard data and questionnaires to the users of the platform. Recommendations are made both in general and specific to the two entities of the empirical study
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    South Africa's capability to regulate and enforce the sale of digital goods
    (University of the Witwatersrand, Johannesburg, 2023) Stockigt, David Henry
    There are several challenges to regulating digital goods in South Africa. Firstly, the classification of digital goods can be found in the Films and Publication Amendment Act (FPAA), which seeks to bring the Films and Publications Act in line with new technologies and digital goods. The changes made within the FPAA raise other issues and questions of who is bound to the FPAA regulations, whether it only applies to publishers in South Africa and whether the regulations will be binding on individual publishers. Secondly, copyright enforcement has become more complex as the ability to replicate and reproduce copyright protected works has become easier. The Copyright Amendment Act (CAA) now offers greater protection of copyrighted works in the art, music, film, and video game industries through royalty agreements, allowing a copyright infringer to escape liability by paying an agreed amount for the use of the digital goods. Finally, the sale of a non-physical, digital good is governed by the Consumer Protection Act (CPA); it only provides general protections when entering into end-user licence agreements. Access to the digital good will find protection under the traditional law of contract principles. South Africa has made great progress in regulating the sale of digital goods however, many gaps remain within South Africa's law. Drawing from the analysis of foreign jurisdictions, such as the United States of America (USA) and the European Union (EU). The USA, unlike South Africa, has created specific laws to govern problems that directly result from the increase in the sale of digital goods. The USA has focused their efforts on regulating password sharing, the legal principle of first sale through the Digital Millennium Copyright Act and the Computer Fraud and Abuse Act. Finally, the USA has also allowed for specific copyright protection within the video game industry, protection that is not available in South Africa. On the other hand, the EU offers more generalised protection as the EU's Copyright provides broad solutions instead of individual laws addressing individual issues. The EU’s solutions include a strike system and the transfer of copyright infringement liability to the providers of the infringing material, allowing for adequate and efficient enforcement of copyright protections across multiple jurisdictions within the EU. South Africa would need to consider creating regulations that address live streaming, increasing video game copyright protection, and implementing the strike action through newly focused regulations rather than existing film and copyrights laws. By extending existing liability regulations to include those who provide access to the infringing material, it would enhance and encourage more well-rounded and sufficient protections in South Africa
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    Social media posts and memes: a South African perspective on the intersection of copyright law, internet use and privacy
    (University of the Witwatersrand, Johannesburg, 2023-07) Mpipa, Simamkele Kuhle; Andanda, Pamela
    This research report is a reflection on the intersection of social media, privacy, dignity, and copyright law. With a click of a button, social media platforms, and the Internet at large, reveal personal information belonging to millions of individuals around the world, the digital environment has changed life as we once knew it. Legal scholars and legal practitioners must now face the novel legal issues which have been brought about the digital age. Due to the law’s reactive nature, privacy and data protection have been put at the forefront of new legislation. The subject of this paper is not data protection, rather this paper analyses the common law protection of privacy and copyright law in South Africa within the context of social media. In light of the changes brought about by the digital age, the position that I put forward in this paper is: to effectively address the challenges created by the digital environment, we must strive to adopt innovative and creative ways to use existing law rather than create new law. The paper discusses how internet memes can be harmful to the privacy and dignity of the individuals whose works they are derived from. I also examine the common law protection of privacy within this context and whether it is appropriate for addressing related issues in the digital age. Lastly, I put forward remedies in copyright law, particularly the protection of moral rights of an author, as a possible recourse that can be used by authors whose works have been made into internet memes
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    Taxing Facebook: user data and participation as taxable assets
    (University of the Witwatersrand, Johannesburg, 2023-02-12) Novazi, Zinhle; Gutuza, T.
    Facebook is said to have 2.93 billion active users and it is estimated that by 2026 the number of Facebook users in South Africa will reach 35.92 million. Facebook is said to generate 98.5% of its revenue from digital advertising in the form of targeted advertisements on Facebook and Instagram. A plausible case can be made about the contribution of user data to the profitability of a highly digitalised company such as Meta Platforms Incoporated. This research report has identified three fundamental problems. First, Meta Platforms Incoporated extracts data from users and generate profits through targeted advertising at the location of the user without paying sufficient income tax in the user jurisdiction. Secondly, there is a fundamental problem with how South Africa deals with the income taxation of companies such as Meta Platforms Incoporated. Thirdly, the current tax rules do not allow for taxation to take place at the location of the user and therefore need to be revised. This research report therefore provides five potential solutions that South Africa can adopt to impose income tax on Meta Platforms Incoporated. The solutions include first, the use of the South African source rules (source being at the location of the server); secondly the use of the South African source rules (source being atthe location of the Internet Service Provider); thirdly a tax akin to the mineral royalty tax in the form of a data royalty tax; fourthly the OECD’s Two Pillar Proposal; and fifthly unilateral legislative solutions (using Nigeria and India as a case study)
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    The sufficiency of protection in light of the increasing number of cybercrime and cyber harassment cases
    (University of the Witwatersrand, Johannesburg, 2022-10-31) Witz, Daniel Joseph
    This research examines how the South African Police Services, the National Prosecuting Authority, current and new legislation and Criminal Law address harassment in light of the increased threat and technological advancements of cyberbullying and cyber harassment. This research assignment will critically reflect on whether the Protection from Harassment Act, supported by recent additions to South African legislation, affords an applicant sufficient protection considering the increasing number of cybercrime and cyber harassment cases, and whether or not the reliance on the South African Police Services and South African Courts negates any protection that the legislation affords. In conclusion, this research report will make certain recommendations regarding how the complex issues of harassment can be addressed to focus on the protection of South Africa's Constitutional Value
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    The effectiveness of detection and prosecution of cybercrime threats against companies in South Africa
    (niversity of the Witwatersrand, Johannesburg, 2023) Naidoo, Shanine; Starosta, Alina
    The rise of digital technology has brought about many benefits to modern society. However, this advancement has also led to an increase in cybercrime activities, which has become a significant threat to individuals and organizations worldwide. In South Africa, cybercrime attacks against companies have become increasingly rampant, posing significant risks to their operations and even their existence. As a result, there is a growing concern about the effectiveness of the measures put in place to detect and prosecute cybercrime threats against companies. The purpose of this report is to investigate the efficiency of detecting and prosecuting cybercrime attacks against South African companies. While the term "cybercrime" encompasses a broad range of activities, this research will focus primarily on evaluating cybercrime threats that specifically target companies and their cybersecurity. The reason for this is that such attacks can have dire consequences on companies' operations and existence, ranging from financial losses to reputational damage. To achieve this objective, the study will pursue a twofold approach. Firstly, it will evaluate the effectiveness of South Africa's legislation in detecting and prosecuting cybercrime threats against companies. This includes a comprehensive examination of the legal frameworks and policies currently in place to combat cybercrime activities in the commercial sphere. Secondly, it will evaluate whether companies can rely on law enforcement agencies in South Africa to provide adequate protection against such threats. This will involve a critical analysis of the capacity and capability of law enforcement agencies to respond to cybercrime attacks against companies. The findings of this report will contribute significantly to the understanding of the effectiveness of detecting and prosecuting cybercrime attacks against South African companies. The recommendations made will provide valuable insights into how to improve the detection and prosecution of cybercrime threats in the commercial sphere. This study will be beneficial to policymakers, law enforcement agencies, and companies operating in South Africa, as it will help to enhance their understanding of the threats posed by cybercrime and the measures needed to mitigate them
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    Social media content moderation and limitations on freedom of expression: the role of the state
    (University of the Witwatersrand, Johannesburg, 2022-10-30) Davis, Tara; Badeva-Bright, Franziska Sucker an Mariya
    Social media platforms are an important space for the exercise of freedom of expression. However, their operation poses a concomitant risk to the right. The right is both protected by and undermined by content moderation - a mechanism that enables platforms to determine the bounds of permissible speech, and what expression to highlight or suppress. This has significant implications for the right to freedom of expression but has been left largely to the private sector to regulate. This raises important questions about the role of the state in protecting and enabling the right to freedom of expression online. In this paper I discuss the need for content moderation, how it operates and the ways in which it undermines the right to freedom of expression in South Africa. I further explore the role of the state and analyses South Africa’s current regulatory response. In so doing, I contend that South Africa’s approach does not adequately respect, protect and promote the right to freedom of expression