find the latest legal job
Corporate Counsel and Company Secretary
Category: Generalists - In House | Location: Newcastle, Maitland & Hunter NSW
· Highly-respected, innovative and entrepreneurial Not-for-Profit · Competency based Board
View details
Chief Counsel and Company Secretary
Category: Generalists - In House | Location: Newcastle, Maitland & Hunter NSW
· Dynamic, high growth organisation · ASX listed market leader
View details
In-house Projects Lawyer | Renewables / Solar | 2-5 Years PQE
Category: Generalists - In House | Location: All Australia
· Help design the future · NASDAQ Listed
View details
Corporate Lawyer
Category: Generalists - In House | Location: Melbourne CBD & Inner Suburbs Melbourne VIC
· 12 months fixed term opportunity
View details
Property lawyer - Melbourne
Category: Property Law | Location: Melbourne CBD & Inner Suburbs Melbourne VIC
· Impressive client list, national firm · Well-led and high-performing team
View details
Firm warns of dangers of social media

Firm warns of dangers of social media

A Brisbane-based firm has cautioned clients that careless social media posts could come back to bite them in court.

According to Trent Johnson and Michael Coates, two directors of Bennett & Philp Lawyers, the use of social media posts in compensation and employment law matters is on the rise.

Mr Coates said social media can have a significant impact on employment law disputes, particularly if an employee posts confidential information or badmouths their colleagues or employer.

Mr Johnson added that an insulting comment on social media can lead to a defamation action.

“A post on Facebook is deemed to be effectively publishing the remarks, whether the post is publicly visible or confined to a closed group. Whatever is posted is vulnerable to being reposted and shared by others,” he said.

In a statement from Bennet & Philp, the lawyers emphasised that the so-called "security settings" on social media posts can mean nothing if lawsuits result, as courts can order people to disclose information from their social media accounts.

“Even if your privacy settings are configured to just family and friends, the court has the power to demand a party be provided with access to your social media accounts if it is believed those accounts could hold evidence relevant to a claim,” Mr Johnson said.

“In effect, the court can require you to disclose or provide access to or accept a friend request from a party wishing to sight your social media posts. This applies across the spectrum to all social media accounts.”

Mr Coates said clients need to understand that anything they post on social media has the potential to become public.

“Social media is a powerful communications medium, but it can also prove to be your undoing later, if you say one thing on social media but claim another thing in court,” he said.

Like this story? Read more:

QLS condemns actions of disgraced lawyer as ‘stain on the profession’

NSW proposes big justice reforms to target risk of reoffending

The legal budget breakdown 2017

Firm warns of dangers of social media
lawyersweekly logo
Promoted content
Recommended by Spike Native Network
more from lawyers weekly
Warning
Aug 23 2017
NT Law Society sounds alarm on mandatory sentencing
The Law Society Northern Territory has issued a warning over mandatory sentencing, saying it hasn’...
Unite
Aug 22 2017
Professionals unite in support of marriage equality
The presidents of representative bodies for solicitors, barristers and doctors in NSW have come toge...
Aug 21 2017
Is your firm on the right track for gig economy gains?
Promoted by The way we do business, where we work, how we engage with workers, even how we take a...
APPOINTMENTS
Allens managing partner Richard Spurio, image courtesy Allens' website
Jun 21 2017
Promo season at Allens
A group of lawyers at Allens have received promotions across its PNG and Australian offices. ...
May 11 2017
Partner exits for in-house role
A Victorian lawyer has left the partnership of a national firm to start a new gig with state governm...
Esteban Gomez
May 11 2017
National firm recruits ‘major asset’
A national law firm has announced it has appointed a new corporate partner who brings over 15 years'...
opinion
Nicole Rich
May 16 2017
Access to justice for young transgender Australians
Reform is looming for the process that young transgender Australians and their families must current...
Geoff Roberson
May 11 2017
The lighter side of the law: when law and comedy collide
On the face of it, there doesn’t seem to be much that is amusing about the law, writes Geoff Rober...
Help
May 10 2017
Advocate’s immunity – without fear or without favour but not both
On 29 March 2017, the High Court handed down its decision in David Kendirjian v Eugene Lepore & ...