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This article explores the intersection of social media use, privacy concerns, and family law litigation. It examines how social media images and business records can impact cases, highlighting pivotal issues such as the vulnerability of certain groups, surreptitiously obtained evidence, and the role of online behavior in custody decisions. Furthermore, it discusses civil actions related to intrusion and the implications of 'sexting' on legal outcomes. With insights from Professor Jane Bailey, it emphasizes the need for informed policy to protect children in the digital age.
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A Scenario Social media in civil & family litigation
Privacy: images and business recordsProperty: websites and social media accountsEquality: vulnerability of certain groups on social mediaEvidentiary: surreptitiously obtained information and privilegeFact-finding: best interests of the child in a custody determination Admissibility: screen shots of Facebook profiles/wallsCivil action: intrusion on seclusion
‘Sexting’ is a trigger issue in this problem. How would you explain Kelly’s conduct? Pick the two most likely answers • She wasn’t thinking at all! A mistake • She felt pressured • She trusted Dale • She was freely expressing her sexuality through technology • Don’t know
what was she thinking?lessons from The eGirls Project Professor Jane Bailey jbailey@uottawa.ca may 2014
