While the world shrunk with the advent of the internet, social media has made it smaller; everybody seems to be within arm’s reach. Well, that may be an overstatement, but social media has indeed made it easy to stay connected with family and friends, irrespective of geographical distance.
With all these benefits comes a certain need for precaution that we, as users of social media platforms, must exercise. We need to know what to post online and what not to; how much information is too much information. While this applies to all kinds of information, private and not-so-private, it could have some serious implications if you are in the middle of a family law dispute and are reckless with your online posts.
It is good to be aware that whatever you share online will have real-world consequences, from shaping perceptions to influencing behaviour. These consequences also include legal implications since the courts have now started accepting social media posts, comments, videos, and activities as evidence in family law proceedings. So as a person dealing with family law matters, you would be better off if you minimise your social media activities and interactions.
If you tend to thoughtlessly share information about your ex-partner that could defame them or undermine their character, then you need to stop right there. Or if you are a person whose life is an open book, especially on social media platforms, you may want to hit the brakes and take it slow. You are in dispute with your ex-partner and trying to get a judgment in your favour, but such reckless acts on social media could backfire and jeopardise your case.
According to Section 121 of the Family Law Act, sharing any information related to your family law issues on social media forums is prohibited and could bring about legal consequences. While this is a direct implication, there are other ways you could be violating family law and inviting trouble. Any post that may indicate violent behaviour, alcoholism, promiscuousness, or any other negative trait may weaken your standing in court.
Your digital footprint can become evidence in favour of or against you, which is why you need to exercise caution while sharing posts, comments, and pictures on social media. Your social media activities and behaviour can be analysed to see what kind of parent you are, whether you really are facing financial difficulties, or is there any evidence that suggests that your claim in court is false. So, if you are fighting a custody battle or looking for an equitable division of assets and debts, refrain from overzealous social media posts that may be construed otherwise.
As already stated, an eager social media user should have clarity on how much information is too much information, especially when you are sharing information about your ex-partner, your co-parenting situation, your child’s photos, or other details. You must communicate clearly with your ex-partner about what and how much you can share. This becomes more stringent when and if you share details about the proceedings of your ongoing case.
While social media encourages free speech, it is certainly not the place to vent or express anger and frustration. Any statement or video posted by you online that may be perceived as a threat to the other party or an admission of guilt on your part could be used against you in court. So it is important to judiciously choose the words and actions that you want to share with the world.
Screenshots of your online posts and activities can be used as concrete evidence in your family law cases. These screenshots are verified for authenticity and can be used to corroborate testimony or aid cross-examination of witnesses. Screenshots of the digital trail you leave behind can shape the legal outcomes of your case and have far reaching implications.
When you are in the middle of a financial settlement issue and are disputing the proposed arrangement or trying to prove your financial circumstances, you should be careful that your social media posts do not prove anything contradictory. Any video, comment, or post that may indicate that you are well off could quash your claim of financial hardship.
you are planning to collect evidence to support your case or against your ex-partner, there are some dos and don’ts that should be strictly adhered to. You should never resort to deceptive methods like using fake accounts, impersonating someone else, or hacking. Violating the privacy of others is a strict ‘no’, and publicly sharing private or confidential information about others is also prohibited. Once you have ethically collected evidence, it is advisable to try to corroborate the same with concrete proof in other forms.
For your digital evidence to be admissible, it needs to be verified and authenticated. It is difficult to make sure that the digital evidence is not tampered with, given its susceptibility to hacking and manipulation. It is also crucial to determine how the evidence was collected, stored, and handled for it to be accepted as valid evidence. This calls for a clear chain of custody, and any gaps can raise substantial doubts about the authenticity of the evidence. Then there are other pitfalls, like privacy concerns and the inability to corroborate the statements made in the posts if the concerned person is not available in court.
It is advisable to keep your social media activities under control as a general practice, but it becomes critically important when you have an ongoing legal battle. If you have to share something, it must be done cautiously—choosing the words wisely and sharing your opinions and thoughts carefully. There are chances that your posts will be used against you, which makes it rather important to hit the ‘pause’ button on your social media activity.
Before you get started with an online journey on social media platforms, you should thoroughly educate yourself about those platforms. Adjusting privacy settings, using strong passwords, enabling two-factor authentication, limiting third-party app permissions, etc. are some of the tools to ensure your privacy. Besides these, you should be careful about what you post and how much you share. You should also accept friends or follow requests judiciously and be in control of who can view your profile and posts.
When you are in the middle of a legal dispute, your social media conduct should be rather restrained. You must avoid posting any information without giving it a second thought. Consider how this piece of information could be perceived, especially to your case. You must definitely avoid discussing the case or venting about it on online forums, as they can backfire. Also, deleting or altering a post could have undesirable outcomes concerning your case.
A professional legal advisor helps you understand the legal implications of your social media activity. They can advise you about private and sensitive information, defamation concerns, the risks associated with reckless social media activity, and the laws and regulations that govern the realm of social media. Additionally, legal experts can guide you on how to strategically use social media posts to benefit your case while effectively responding to any online threat or challenge. In short, lawyers can educate and guide you thoroughly on your rights and responsibilities.
At Maatouks Law Group, we have a team of experienced and knowledgeable lawyers who can help you navigate the complications associated with your social media activity.
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