Most of us view social media sites as a platform for trumpeting our ideas. We talk about our problems, our highs and lows, and frequently we even voice our strong opinions. We should be aware of the repercussions of our actions whether we do it in public, broadcasting our rants to hundreds of eager listeners, or in private chat threads.
Sherwin Arzani, an attorney with Citywide Law Group, said: “Sharing a public rant against your ex-spouse or former workplace online may not seem wrong – a lot of people do it to get support and some cheering.” But keep in mind that social media is both evidence and discoverable. Your opinions may help or hinder your legal case, depending on the circumstances.
Your social media posts could be used against you as evidence.
In today’s courtrooms, social media posts can be used as evidence both for and against you. For instance, the plaintiff in the recent personal injury case Largent v. Reed asserted that a recent accident had left her in excruciating bodily and mental suffering. The defendants provided the court with the person’s post-accident pictures uploaded to her Facebook account throughout the dispute. These images showed the plaintiff to be in a healthy enough state to go about her daily business, work out, and otherwise fully enjoy life. With this evidence, the plaintiff was required to provide the court with her Facebook login details so that it could conduct an additional investigation.
If there is one thing to learn from this experience, it should be that you should never think that whatever you disclose online, whether in public or private communications, is entirely private.
“Think twice before publishing anything that can be used against you in court if you are involved in any case or proceeding, even one that is reasonably foreseeable,” advised Joseph Fantini, an attorney with Rosen Injury Lawyers.
To maximise the effectiveness of your settlement, however, you should also thoroughly document all digital communication you have had with the other party to date and be open about it.
Public Social Media Posts Can Be Treated as Legal Evidence
Contrary to common assumptions, it is acceptable to present evidence based on communications obtained through social networking sites. According to Judge Michael Corriero, “law enforcement is mostly, if not entirely, exempt from the restriction against employing illegally obtained evidence. Other citizens are not covered by it. Therefore, if you had privately exchanged self-incriminating texts with someone, such as using a chat app, those would typically be admitted without issue by Western Hemisphere courts. For instance, the Portsmouth Magistrates’ Court in the UK accepted 143 WhatsApp communications as evidence in a civil dispute in 2015.
Ambrosio Rodriguez, a criminal defence lawyer with The Rodriguez Law Group, claims that the same holds for images that you or someone else has taken and published. “If a buddy posts a contentious photo of you intoxicated in public, you have the right to sue them for inaccurately portraying you as intoxicated. But if you were intoxicated at the time, these pictures will be utilised as proof against you in the appropriate procedure,” he said.
Conclusion
Yes, you can be sued for your social media rants under certain laws and you need to be aware of what you are writing on social media. Even if your remote device is password-protected, the government may still be able to legally access it. A disclosure notice can be served on suspects and trial participants, requiring them to provide all passwords. If you don’t cooperate, you could face more punishment.