NKW-booksContrary to popular belief freedom of speech and freedom of expression does not give you immunity to make unfounded or baseless accusations or allegations, or to vindicate, ridicule or threaten.

The prevalence of social media, its instantaneousness and reach makes it imperative that you consider the impact and effect of what you post online.

The several occasions in which the District Court has awarded damages for defamatory social media posts appears to have raised awareness of the civil remedies however, the criminal penalties and potential impact on ongoing court proceedings continue to be overlooked by a significant number of social media users. Making threatening or intimidating posts on social media does not protect you from prosecution simply because it was not done face to face. A comment that is threatening or intimidating in nature and incites fear in the person to whom it was directed, can result in charges, regardless of the method by which it was made.

People who are engaged in court proceedings often feel the need to post detrimental material or vent their frustrations. Whilst the recommended course of action is to refrain from doing so, if you must post, it is essential that you consider the impact that the post could have on your case should it be relied upon as evidence.

There can be serious ramifications so be astute in all forms of communication and think before you post, send or speak.

The Solicitors at Everingham Solomons have the knowledge and expertise to assist you with all court related matters because Helping You is Our Business.

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