Another interesting social media case

More reasons to be careful with facebook and social media

Whilst the English legal system is quite different to the US system, a new ruling in the New York jurisdiction provides a salutary lesson and warning about what could happen under English law when it comes to social media.

These social media issues are becoming increasingly common in legal disputes as regards what is or is not discloseable as part of court proceedings.

In the case in question, the Judge decided that the Claimant’s private Facebook and MySpace postings were discloseable to the defendant in a personal injury action.

The rationale for this decision was based on the fact that public postings on the social media sites cast doubt on the claims and the Judge therefore considered that there may be other relevant material in the private postings showing that the extent of the injuries claimed and effect on loss of amenity was not as severe as claimed.

The whole area of social media and the law is a fascinating and fast developing area with major implications, as regards what is private and what is not. In this country we have the added ingredient of the Human Rights Act. It seems to us that an argument for disclosure of this type of material, which is likely to be tested soon, will inevitably involve arguments about right to privacy and family life under the Human Rights Act.

What do you think ?

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