Due to advances in social media in recent times, it's easier than ever to publish details of your everyday life across a range of platforms for anyone to see. This is a good thing in many cases as it allows people who may otherwise have felt somewhat remote or cut off to keep in touch with others, albeit virtually. However, social media can be a significant threat to those going through separation or divorce proceedings and who may find themselves under pressure. If you're in this situation, why should you treat social media very carefully or even stay away from it altogether?
The Duties of the Publisher
In simple legal terms, the "publisher" of information has a duty of care to avoid causing harm and to get matters right. This type of assumption has been at the core of the journalistic profession for a long time and governs how journalists who make their living from their trade go about their work.
Everyone who posts information on one of the major social media platforms is also a publisher for all intents and purposes. They need to ensure that they do not harm others by posting content that could be misconstrued, be derogatory or otherwise cause an issue.
Under Pressure to Tell
When people go through an acrimonious divorce, they may feel under significant pressure. They may often want to let off steam and turn to their device to access a social media account. They may be tempted to tell others how aggrieved they are or even criticise their "ex," but this could lead to major problems during negotiations.
Taking Care with Social Media
The Australian government has developed a raft of laws that cover subjects like "revenge porn." There are remedies under civil and criminal law against those who knowingly post images of others that could cause consternation or embarrassment. While this is certainly something to be aware of, it's never a good idea to openly criticise the opposing party during any law proceeding. So, if you are going through a divorce and it is being heard in a court of law, the judge may not take too kindly if you broadcast any information or publish material that could have an impact on the outcome.
The Best Approach
In this case, steer clear of social media if you find it difficult to control your trigger finger. Don't promote any information related to your case if you want to stand the best chance of achieving a good outcome and moving on with your life. Contact a family lawyer near you for more information.Share