Social media provides new streams of evidence in the courts for opposing counsel

Why privacy settings don’t protect your posts and what you need to know about your actions on social networking sites

Without question, the new Millennium marked the dawn of the social media age. The explosion began with just a few power players – MySpace, Facebook and YouTube – and now has grown to draw in nearly 2 billion active users. Nearly 71 percent of Internet users are on Facebook alone.

The social media façade

All the smiling faces, status updates and ‘connecting’ can paint a pleasant picture, but what we often forget is that “private” doesn’t mean it’s ‘not public.’

Once a bit of information is posted, it’s floating through cyberspace, forever. Despite what we think, merely pressing delete doesn’t always do the job.

With the growth of social media spawned a new stream of evidence in court. That’s right, social media posts are being harvested in the courts as evidence and throwing curveballs in the outcome of cases.

Bet the Founding Fathers didn’t see that coming!

“Private” is not the same as “Not Public”

Some may argue that their Facebook pages, for example, are set to “private” and that their posts are only meant for a select group of people. However, this information is not protected… and Facebook itself doesn’t guarantee full privacy… ever. When was the last time you read the Terms & Conditions?

Social Media used in the Courts

Take the recent Nucci v. Target Corp. case that asserted that “The relevance of the photographs is enhanced, because the post-accident surveillance videos of Nucci [showing her carrying bags and jugs of water], suggest that her injury claims are suspect and that she may not be an accurate reporter of her pre-accident life or quality of life since then.” Target Corps’., legal team used Nucci’s social media posts as evidence. The Fourth DCA held that by creating a Facebook account, a user acknowledges personal information will be shared with others.

Want FULL privacy from social media? Stay off of it… and tell your friends and family never to post photos of you. In fact, avoid taking photos. Become a recluse. Essentially, that’s the only way. It works for me (or so I hope).

Otherwise, lets discuss what you can do to protect your online reputation.

1) Review your social media profiles for negativity

Whether you’re bad-mouthing your boss or partaking in questionable activity, it’s best to keep your profile clean.

2) Be mindful of future posts

Don’t say anything malicious… We’re all entitled to our opinions, but some comments can be used against you.

3) Deleting social media accounts during a trial can result in penalties

It’s too late… and trying to hide any evidence can make matters worse. Just learn your lesson and move on. Once it’s posted, there’s no turning back.

4) During a case, consult with your legal advisor on how to maintain your social media accounts.

Sometimes, not posting ANYTHING at all is your best bet. Don’t worry, you’re ‘followers’ and ‘friends’ won’t forget about you.