Social media rant may land you in court.
Posted: Wed Mar 14, 2012 6:48 pm
I understand that United States and Australian laws are different, but in any case I think this should serve us all as a timely warning of what the future may hold:
Social media rant may land you in court.
A social media expert has warned people to think twice about posting offensive comments on sites such as Facebook and Twitter as the repercussions could prove costly...
Roger Blow, a litigator with Gadens Lawyers who deals with legal issues arising from online defamation, said laws regarding comment on the internet were no different to those published in a newspaper.
He said the question was whether the comment caused others to have a lower opinion of that person or that person’s character.
‘‘Defamation is basically a claim for hurt feelings,’’ he said.
‘‘Damage is payable because of someone’s reputation being damaged and their feelings being hurt.’’....
‘‘From a legal standpoint you’d have to address the issue of truth or fair comment [but] it’s not ... hard as a plaintiff to show that this is likely to cause someone to have a lower opinion of you.’’
Mr Blow said that damages could be crippling, with the cap set at $250,000 in Australia....
‘‘People need to understand that social media is not a free-for-all and too many people at the moment think that that is okay.’’
The posts could become a criminal matter when the comments became more dangerous....
Wollongong crime manager Detective Inspector Tim Beattie, who said he was aware of the weekend Twitter comments, added that using a carriage service to menace, harass or cause offence could attract a penalty of up to three years’ imprisonment.
Social media rant may land you in court.