
“Social media is a powerful communications medium, but it can also prove to be your undoing later if you say one thing on social media but claim another thing in court,” says Michael Coates, director of Bennet & Philp Lawyers.
Trent Johnson, also a director at the Brisbane-based law firm, joined Mr Coates, to warn clients that social media posts could be admissible evidence against them in court.
You can't hide behind maximum privacy security settings
Mr Johnson said that “a post on Facebook is deemed to be effectively publishing the remarks, whether the post is publicly visible or confined to a closed group. Whatever is posted is vulnerable to being re-posted and shared by others,” he said.
The two lawyers emphasised that the "security settings" on social media posts, even when set to maintain maximum privacy, may mean nothing, as you can be ordered by the court to disclose information from your social media accounts.
Mr Coates said clients need to understand that anything they post on social media has the potential to become public.
“In effect, the court can require you to disclose or provide access to or accept a friend request from a party wishing to sight your social media posts. This applies across the spectrum to all social media accounts.”
The warning was primarily because the use of social media posts in compensation and employment law matters is on the rise. However, careless social media comments and posts may also be used in a Family Law cases.
Think before you post!
Simon Creek, Partner at HHG Legal in Perth, says 'Think Before you Post!' in a recently published warning.
"Family lawyers may also check social media content, especially in children matters to verify what has been said by their own client or by other parties in the proceedings," writes Mr Creek.
"A Facebook, Twitter or Instagram post showing that while they were supposed to look after their child, a parent was hosting a wild party at home with the children in the background would be the last thing a lawyer would want to turn up on their clients account when they are in the middle of a bitterly contested parenting matter," he adds.
"Social media posting can be analysed to work out business relationships, where assets are kept and what each party has been up to." And, "it may be deceitful for parties to suggest that they are destitute and have limited income earning capacity when their LinkedIn profile presents them as highly successful professionals," said Mr Creek.
Published by Divorce Resource