Can the Internet Hurt My Case?

I am involved in a civil court case. Can what I say on MySpace and Facebook be used against me?

Yes. Although many people think MySpace and Facebook information is private, all this information is to a large degree public. You may be accidentally sharing your information with many more people than you believe, and people you trust to view your information may disclose that information to other, less trustworthy individuals. Many judges believe that, once you decide to share your information with a network of other people, you have to a large degree ceded your right to privacy, and both Facebook and MySpace have made it clear that they are prepared to turn over information under a court order.

Whether you are the plaintiff in a personal injury lawsuit, collecting workers' compensation, or   involved in a dispute with your employer, what you put on your MySpace and Facebook pages can come back to haunt you.  Here are some tips to minimize the possible damage.

First, limit your networks.  Although it may be tempting to join a Spartans Fan group, you do not know who else belongs to the group.  Other networks to avoid include geographically-centered ones, which make your information accessible to anyone in your area, including law enforcement officers and attorneys. 

Next, prepare to explain the content of your MySpace and Facebook pages.  You may think your information is private, but you must not be surprised if it becomes public.  It's not sufficient to look at the content yourself and decide it is innocent.  You must share the content with your lawyer, who will evaluate its relevance and prepare for its ramifications on the case.

Finally, and most importantly, think before you post.  An Arab proverb states, "While the word is yet unspoken, you are master of it; when once it is spoken, it is master of you."  If you do not want your words and images to control your destiny, you must control them before they ever appear on your MySpace or Facebook page.  A little common sense goes a long way.  If you are injured, don't discuss the injury on your page except in terms approved by your lawyer.  If you are unable to work, do not post images, video, or written content that may imply otherwise.  If you have been involved in an auto accident, don't brag about reckless driving, speeding, or driving while intoxicated.  And never, never discuss or post pictures or video of any illegal activity.

Lawyers for the Injured
Jay Trucks & Associates, PC
Experienced - Dedicated - Compassionate