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This paper is part of a research project conducted on intermediary liability in Nigeria, Kenya, South Africa and Uganda. The paper draws on the independent research conducted by in-country researchers. The research includes five reports, as well as blog posts. The entire research is available at http://iia.apc.org. This paper and the accompanying reports are licensed under a Licensed under a Creative Commons Attribution-ShareAlike 3.0 Unported License (CC BY-SA 3.0).

Ordering a user to remove defamatory content, but declining to enjoin the respondent from posting any information pertaining to the applicant on Facebook or any other social media, and declining to order Facebook to remove specific material from a user’s webpage (but raising the question of whether the police would have the competence to do so upon failure to act by the user).

Finding that publication of the name of the applicant in the “Hall of Shame” list of spammers by the Internet Service Providers Association (ISPA) was justified by its true character and by the public interest served by the publication. This decision by ISPA was based on the definition of spam contained in its code of conduct, which supplements the generic notion of spam identified by section 45 of the Electronic Communication and Transactions Act and does not afford non-members an opportunity to be heard before being included in such list.