Social media has developed into today’s go-to communication platform for many Canadians, especially amongst young people. It’s not surprising then that in this social media era, digital evidence plays a major role in legal proceedings given its increased presence in daily interactions.
If you are facing criminal charges, it is critical to understand how your social media usage may jeopardize your legal case.
What Is Digital Evidence?
The term “digital evidence” refers to data and information useful for an investigation that is sent, received, or stored on an electronic device. Examples of this type of data and information could be:
- Text And Email Messages
- Posts, Comments, Direct Messages, Pictures, And Videos On Social Media
- Internet Browsing History
- Financial Transactions (Including Shopping And Online Banking)
Can Your Public Social Media Posts Be Used as Evidence Against You?
An accused person’s criminal outcome can be greatly influenced by their active online presence. Social media information that is legally admissible in court under the Canada Evidence Act Section 31.8 as an “electronic document” is always evolving on what counts as evidence in court. Under Section 162.1 of the Criminal Code states:
162.1 (1) Everyone who knowingly publishes, distributes, transmits, sells, makes available or advertises an intimate image of a person knowing that the person depicted in the image did not give their consent to that conduct, or being reckless as to whether or not that person gave their consent to that conduct, is guilty
(a) of an indictable offence and liable to imprisonment for a term of not more than five years; or
(b) of an offence punishable on summary conviction
Be Cautious with Your Posts on Social Media
It is really important to understand that once you post something online, it can be difficult to get rid of it because anyone who finds your content can save it. Even years’ worth of publicly accessible content on social media platforms could be used against you in court since it could offer historical context and possibly details about you such as previous activities and habits.
Take the Following Precautions to Protect Your Social Media From Becoming Evidence
- Make your social media profiles private.
- Do not share private images or information on social media that you wouldn’t want anyone to have access to.
- Do not post anything online that may suggest criminal action.
- Avoid talking about the details of your case on social media.
Need Legal Support?
Now understanding the potential impact of your social media activities on your case, make sure to be careful on what you share on social media. If you require any assistance reach out to Collett Read LLP for a confidential consultation today. Visit our contact page or call us at (905) 541-2228. Let us help you navigate through this difficult time.
