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title: How social media could be used against you in proceedings

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# How social media could be used against you in proceedings

Most of us share our opinions on social media. We vent about our problems, share tips for living a better life and express our strong opinions to an audience that might not understand us. This can be a good thing when we're just having fun or by keeping in touch with our friends from high school, but it can also backfire when we inadvertently share information that could hurt us later.
Sherwin Arzani, an attorney with Citywide Law Group, said: "Sharing a public rant against your ex-spouse or former workplace online may not seem wrong - a lot of people do it to get support and some cheering." But you have to keep in mind that social media is both evidence and discoverable. Your opinions may help or hinder your legal case, depending on the circumstances.
**Your social media account can be used against you as evidence**
In today's courtrooms, social media posts can be used as evidence for and against you.
For instance, the plaintiff in the recent personal injury case, Largent v. Reed, asserted that a recent accident had left her in excruciating bodily and mental suffering. The defendants provided the court with the person's post-accident pictures that were uploaded to her Facebook account throughout the dispute. These images showed that the plaintiff was obviously in good enough health to go about her daily business, work out, and otherwise fully enjoy life. After hearing this information by [criminal lawyer toronto](https://www.virkbarristers.ca/criminal-lawyer-toronto) the court instructed the plaintiff to provide her Facebook login details so that it could conduct further investigation.
Suppose there is one thing to learn from this experience. In that case, you should never think that whatever you disclose online, whether in public or private communications, is completely private.
![](https://i.imgur.com/vSEVVKj.png)

"Think twice before publishing anything that can be used against you in court if you are involved in any case or proceeding, even one that is reasonably foreseeable," advised Joseph Fantini, an attorney with Rosen Injury Lawyers.
On the other hand, if you need to maximize your settlement's success, you should meticulously document every digital communication you have had with the other party and be open about it.
**Public social media posts**
Do not qualify as evidence that was obtained illegally.
Contrary to common assumptions, presenting evidence based on communications obtained through social networking sites is acceptable. According to Judge Michael Corriero, "law enforcement is mostly, if not entirely, exempt from the restriction against employing illegally obtained evidence. Another citizen is not covered. Therefore, if you have privately exchanged self-incriminating messages with someone, such as through a messenger app, those would typically be admitted without issue by Western Hemisphere courts. For instance, the Portsmouth Magistrates' Court in the UK accepted 143 WhatsApp messages as evidence in a civil case in 2015.
A [criminal defence lawyer mississauga](https://www.virkbarristers.ca/) with The Virkbarrister Group, claims that the same holds true for images you or someone else has taken and published. "If a buddy posts a contentious photo of you intoxicated in public, you have the right to sue them for inaccurately portraying you as intoxicated. But suppose you were in fact intoxicated at the time. In that case, these pictures will be utilized as proof against you in the appropriate procedure," he said.
**During trials, attempting to delete your social media content is not advisable**
Such action may be seen as serious, depending on the situation. For instance, a judge can decide that you should be held accountable for losing or destroying important evidence. This obviously hurts your case. Thus, any lawyer who represents a client with social media assets should counsel their clients on how to appropriately manage their social media information. Clients may change their privacy settings, but they must refrain from taking any additional steps that the court might interpret as suspicious.
Additionally, you shouldn't anticipate that the encryption technology employed by most contemporary messaging apps will keep others from accessing your content. Utilizing cutting-edge forensic recovery techniques, even "permanently" lost evidence can be recovered.
For instance, in a February 2016 court action in the Central District of California, the FBI requested Apple's assistance to unlock an iPhone 5C it had obtained from a terrorism suspect. The phone had a four-digit password to unlock it and was programmed to delete all of its data after ten incorrect attempts. Apple turned down the request, but the FBI announced a day before the court hearing that they had located a third party who could help unlock the iPhone. Later, they declared that they had opened it.
Even if your private device is password-protected, the government may still be able to legally access it. A disclosure notice can be served on suspects and trial participants, requiring them to provide all passwords. If you don't cooperate, you could face more punishment.
For instance, in a court case in the Central District of California in February 2016, the FBI asked Apple for help unlocking an iPhone 5C that it had acquired from a terrorism suspect. The phone had a four-digit password to unlock it, and after ten unsuccessful attempts, it was set to delete all of its data. The FBI revealed a day before the court hearing that they had found a third party who could assist in unlocking the iPhone, but Apple rejected the request. However, they later acknowledged that they had opened it.
Whether you like it or not, whatever you post online might be in the public domain. So use the following advice to be safe:
  **Be a selective communicator**
. Always be cautious and refrain from sharing any information you wouldn't normally feel comfortable sharing in public.
·        Use one of the top VPN services on the market. According to TechNadu, this keeps your online activities safe from eavesdropping, interference, and censorship.
·        Where you click matters. According to CBS News, risky applications and dangerous links shared on social media can give hackers access to track you. Don't reply to messages from strangers, either.
 

