One post too many: The perils of social media in Family Law
Whether we like it or not, social media is now a regular part of everyday life. Many people choose to share aspects of their lives on sites like Facebook, Instagram, Snapchat, TikTok and Twitter.
But what happens when you start sharing details about your family law matter on social media? We have all seen a semi-cryptic post from a friend or family member going through a breakup. While it might be tempting to post your woes online, especially after a glass of wine, there are very good reasons to avoid using these sites when you are involved in a Family Law matter.
Social media as evidence
The temptation to air your opinion or vent your anger on social media about your ex or the Court process can be very strong, but in our experience, it almost always results in more problems for the poster.
You may think what you have posted to Facebook is private, but comments posted to social media can be used as evidence in Court proceedings. Some examples where our solicitors have seen social media being used in Court proceedings are: -
One party using Facebook posts to show the other party had been selling assets that formed party of the party’s joint asset pool.
Posts showing that one party is working, when they have told the Court that they are unable to work.
Posts being critical and calling the other party derogatory names which the party’s children have seen. It could be proved that the children had seen the relevant posts as they had ‘liked’ them on Facebook.
Photographs of the Court papers being uploaded to Facebook groups.
Arguments between the parties on Facebook which have descended into name calling and belittling.
Needless to say, none of the above are helpful to the poster in a family law matter.
Some of the above posts could also breach section 121 of the Family Law Act which restricts parties from publishing details of Court proceedings. We discuss section 121 in more detail below.
What if you have blocked your ex-partner from your page?
You may also believe that, if you have blocked an ex-partner from seeing your social media page you are free to say whatever you like as they cannot access what you have posted. This is simply not the case. Family members and mutual friends can often still see your page and take screenshots to provide to your ex-partner. Remember, once you post something to the internet there is no way to completely remove it.
The Family Law Act
Section 121 of the Family Law Act 1975 makes it an offence to publish information about a Family Law matter that identifies a party, a witness or someone associated with a proceeding unless an exemption applies.
The offence includes a publishing these details in a newspaper, broadcasting by radio or television or by other electronic means. The 2018 Review of the Family Law System conducted by the Australia Law Reform Commission recommended that section 121 be amended to “explicitly clarifying that s 121 can apply to parties who disseminate identifying information about family law proceedings via social media and other internet-based media.” [Australian Law Reform Commission Report, Australian Government, Family Law for the Future – An Inquiry into the Family Law System (2018) 14.73]
Breaches of section 121 of the Act can result in penalties of up to one-year imprisonment. Prosecution of these offences are handled by the Commonwealth Director of Public Prosecution.
Password protection and cyber security
Separation is also a good time to review your internet security. Some simple things that you can do to protect your privacy are: -
Change the passwords for your email accounts, social media accounts and electronic devices.
Check what devices your account is logged into and, if necessary, remove any devices that you do not have in your physical protection.
Check who you have as a trusted contact for your social media accounts. Remove your ex-partner if necessary.
If you need advice, make an appointment with one of our solicitors by calling our office on (02) 6800 2660 or using our Online Service Portal.
Please note: the information in this article is general in nature. For specific advice about your circumstances, contact us to make an appointment with one of our solicitors.