My son is currently on remand waiting trial. We have had a really tricky time over the last year learning about some of the things that he has been doing, but we want to make sure that we support him through the trial so that he can get a fair process. Having family on your side can help the prisoners to have an easier time at trial and can often help the lawyers to provide the strongest possible defence in court. This blog explains how family members can help to make sure that legal process goes smoothly and that the lawyers get all of the resources that they need.
In modern day society, everybody is a publisher. A majority of the population has access to one or more of the major social media websites, and many people are active there every single day. This massive change in societal behaviour is already starting to create problems and generate unanswered questions. Unfortunately, the full effect of this seismic shift in behaviour may only become evident many years from now. You may not be aware, but the act of publishing can sometimes create problems for an individual. It's definitely a risky area for anyone who is involved in an acrimonious separation. If you're unfortunate enough to be in this position, why do you need to be particularly careful when you next click the button to post?
Controlling That Finger
When two people are going through an uncomfortable separation, they may not agree on the way forward and may be involved in litigation to sort it all out. Some cruel or nasty things may have been said as the process of exploration goes forward, and this may upset or annoy the other party. As they are so close to their favourite social media channel and as the other party will undoubtedly be a 'friend' within, they may be tempted to fire off a post or two with some comments that are not particularly helpful. They may even be tempted to post some images for spite.
What Does the Law Say?
This is where the individual in question needs to show a lot of restraint. There are specific provisions within family law that make it illegal for anyone who is a party to current proceedings to post such information on any social media sites, including all of the popular portals. This includes the name of the individual, their location, occupation or any other identifying information. Furthermore, it is not permissible to post any recordings or photographs that refer to or depict the individual.
What's at Risk
If the other party brings this to the attention of their solicitor, a defamation lawsuit could follow. It's even possible that a prosecutor will initiate a criminal case, which could result in some imprisonment.
Old but Relevant
Like it or not, posting to a social media site is publishing in the eyes of the law. While this particular law may have been written well before social media even come into existence, it is nevertheless relevant in this case.
If you have any questions about this law, may have been defamed in this way or want to know what you can and cannot post online, get in touch with family law solicitors.Share
29 June 2018