The law and social media have always enjoyed a bit of a
love/hate relationship in which 2011 will be the year to remember,
as the world witnessed social media's ability to take the 'privacy'
out of million pound privacy injunctions and the role it played
in tracking down a number of the individuals responsible
for chaos and destruction caused by the riots last summer.
The part played by social media within the law took an
additional turn when reports were made surrounding the divorce of a
couple from Connecticut, North America, who were ordered by their
attorneys to hand over their social networking passwords. The
demand came after the male party was led to believe that his
ex-wife's online activity could prove to be detrimental to her case
and her ability to take care of their children.
More recently, the story has emerged of the John Flexman case,
in which the executive was forced out of his job for posting his CV
on professional networking site Linkedin, an option provided by the
site in order to enhance an individual's professional profile. John
also ticked the option stating that he was interested in career
opportunities. The hearing continues.
If social media is found to be an influential factor towards the
overall settlement of such cases then social networking
sites may be found at the centre of legal disputes everywhere,
playing a huge part in the final outcome of a trial. However to
what extent should we allow personal information found on social
networking sites to be a persuasive factor in legal affairs? Should
legal parties have the authority to use our online
activity to determine the outcome of legal matters, bearing in mind
that our social networking footprint can be traced years down the
line? Or is it simply an invasion into one's privacy and a
violation of the policies put in place by such social networking
sites?
Wherever your thoughts lie, 2011 has undoubtedly seen the
growing presence of social media within the law, influencing
decisions and enabling a larger audience to have their say. And
with the unprecedented rate at which social media continues to
grow, these stories may be the first of many yet to come.