Photographer Martin Bjork

Social media platforms like Facebook, Instagram, TikTok, and X (formerly Twitter) allow us to instantly share our thoughts, experiences, and opinions with friends, family, and the world. But what many people don't realize is that what you post can come back to haunt you in a legal setting. In New Jersey, social media posts can be considered for authentication as they would for any other form of written documentation.

Social Media and the Law

Courts have increasingly accepted social media content as admissible evidence in various legal cases. Your online presence could be scrutinized whether you're involved in a civil lawsuit, a criminal investigation, a custody battle, or even a personal injury claim.

Here are just a few examples of how your social media activity might be used against you:

• In Criminal Cases: Prosecutors may use posts, comments, photos, or videos to establish a motive, intent, or even place someone at the scene of a crime. A seemingly innocent selfie or location tag can serve as a timeline or contradict an alibi.
• In Personal Injury Claims: Insurance companies and defense attorneys may search for photos or posts that suggest a claimant is not as injured as they claim. For example, someone posting about hiking or lifting heavy objects after filing for a back injury can seriously damage their case.
• In Family and Custody Disputes: Social media can assess a parent's behavior, lifestyle, and fitness. Inappropriate posts, evidence of substance abuse, or other implications can all be brought into court.

Deleted Doesn't Mean Gone

Even if you delete a post, it may still exist in screenshots, backups, or digital archives. Courts can issue subpoenas to retrieve deleted content or require social media companies to provide data. In some cases, deleting content after litigation has begun can even be considered destruction of evidence or "spoliation," leading to legal penalties.

How Private Are Privacy Settings?

You might assume that setting your accounts to "private" will shield your posts from legal scrutiny. While privacy settings can limit access to general viewers, they're not foolproof. Opposing parties can gain access through mutual connections, court orders, or digital forensic investigations.

Think Before You Post

Here are our suggested social media practices:

• Pause before posting: If you're involved in any legal matter, avoid sharing anything that could be misinterpreted or used against you.
• Avoid discussing your case: Never post about ongoing legal issues or proceedings. What you say online could undermine your case.
• Review your past posts: If you're about to enter litigation, take inventory of your social media history. While you shouldn't delete content (especially once litigation has begun), knowing what's out there is crucial.
• Talk to your attorney: Consult your lawyer if you're uncertain about how your social media may affect your case. They can help guide you on best practices and risks.

Your digital footprint can have significant legal implications. Be cautious, be smart, and always seek legal guidance when in doubt.