Think Twice Before Posting on Social Media
Social media posts can now be used as evidence in legal proceedings, yielding huge impacts on the outcome of your case. While venting about your case on social media may feel cathartic, small discrepancies between what is said on your social media, and what has been entered into evidence can have huge consequences for your outcome in court.
Posts are never permanently deleted
Most social media platforms don’t allow you to permanently delete posts, words and images. Even though you can remove posts from sight, they’re often saved into the history or memory of the platform, and can usually be accessed by those well-versed in this software.
Social media posts are submittable as evidence
The average Australian spends 1.5 hours on social media per day. As more people have begun using social media for everyday conversations, more social posts have begun appearing as attachments to family and criminal law affidavits. These affidavits are then filed with the court and read by the judge.
Social media discrepancies can derail your case and credibility
If there are any discrepancies between what you may have said in court vs. what is included in a social media post, you will come off looking unreliable, and at worst, as a liar. One rant or lie revealed on social media could undermine everything your lawyers are trying to argue for you in court.
“In one Australian case, a mother denied that she had a new partner but her Facebook relationship status (‘engaged’) and posts about her ‘fiancé’ were taken as evidence,” said lawyer Jennifer Hetherington.
“In another case I was handling, the other side posted details on social media about their new business, while claiming to be unemployed. That certainly helped with the child support investigation,” said Hetherington.
Casual social posts could influence child custody agreements
Social media doesn’t just include Facebook and Twitter anymore, it extends to dating apps, Instagram, private messaging accounts and LinkedIn. Anything you post on these accounts can be used to discredit you, and showcase your inability to care for your children, especially if it exposes a lie.
Eg. A Facebook album of a lavish holiday could be regarded as an example of your capacity to pay your former partner spousal maintenance.
A social media tirade about your former partner (even if it’s between you and a friend) could be used as an example of your attitude to parenting, or your character in general.
Your dating profile mentioning casual drinking or worse, recreational drug use, could be used to show a lack of parenting ability.
Disclosing certain details of your case is an offence
Not only can the content of your posts be used against you in court, section 121 of the Family Law Act make it an offence to publish any account of proceedings or images which identifies a party or child involved in family law proceedings. If you’re found guilty of violating this law, you may be fined or imprisoned for up to one year. This is another very compelling reason not to mention your case on social media.
In the modern world of social media and digital integration, if you’re involved in any legal proceedings, it’s safer for you and everyone involved if you avoid talking or posting about your case on social platforms.
Article provided by Australian Family Lawyers
