Can your social media be used against you in litigation?

Legal Moment on FRESH RADIO


[phone ringing]
Receptionist: Cohen Highley
Announcer: And now the Cohen Highley Legal Moment on Fresh Radio.
Announcer: I’m here with Stephanie Marentette-DiBattista from Cohen Highley Lawyers.  Can your social media be used against you in litigation?
Stephanie Marentette-DiBattista: The simple answer is yes.  There is always a risk that anything you post on social media can be used against you in court proceedings.
Announcer: What if you posted something in a private social media group or it was never meant to be public?
Stephanie Marentette-DiBattista: Regardless of the nature of the post, private or public, the court could still order you to provide access to the content.  But this can go far beyond posting on social media and can include information you share via devices or third-party applications.
Announcer: How so?
Stephanie Marentette-DiBattista: Say for example you use a Fitbit tracker. The information from your device or the Fitbit application can potentially be used in court for a variety of claims.  Say if you call in sick to work but your Fitbit shows that you took 25,000 steps that day.  You might have some trouble arguing that you were ill.
Announcer: Thanks Stephanie. This has been the Cohen Highley Legal Moment.
Singers: Cohen Highley, we’re listening.

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