06 Dec Social Media and Privacy: Sharing Wisely During the Festive Season

The holiday season is upon us – a time for celebrations, reunions, and, let’s be honest, a lot of social media posts! Whether it’s an Insta-worthy Christmas brunch, a New Year’s countdown selfie, or snaps from that surprise holiday, we all love sharing the festive spirit online. But as more of us hit “share” without a second thought, it’s wise to pause and consider some of the legal implications. The laws around privacy, defamation, and cyberbullying are as real as Santa’s naughty and nice list – and they’re crucial to understand if we want to avoid getting tangled up in holiday drama that’s more courtroom than candy cane.

At FEDOROV Family Lawyers, we’re here to help you navigate the legal side of social media so you can keep things merry and bright.

Protecting Privacy in the Social Sphere

It’s easy to get swept up in the moment and post a picture without considering who else is in it. But privacy is a fundamental right, and it’s protected by law – yes, even at your boozy Christmas party! In both New South Wales and Queensland, while there’s no explicit “right to privacy” as there is in some other countries, individuals do have legal protections under several pieces of legislation and common law principles. For example, laws on stalking, surveillance, and the misuse of personal information can apply if you’ve taken a snap that features others in an unflattering light or posted a video without their consent.

So, what should you keep in mind? A good rule of thumb is to ask permission before posting anything that includes other people, especially if they’re in a private or semi-private setting. Posting a funny (or embarrassing) shot of your friend passed out on the couch may seem harmless, but in some cases, it could be considered an invasion of privacy or, at the very least, a quick way to sour friendships. Respect the privacy of others as you’d want yours to be respected.

Watch What You Say: Defamation Risks

Social media gives everyone a platform, and sometimes, we say things we might later regret – especially with the eggnog flowing! But here’s the catch: defamation laws don’t take a holiday. In both NSW and QLD, defamation occurs when someone makes a public statement that damages another person’s reputation. This can be verbal, written, or online – including in your Facebook or Instagram comments, stories, and posts.

A harmless comment about a friend’s cooking skills could be taken in jest, but public accusations, even those that seem like harmless teasing, can easily cross the line. For instance, claiming a friend “can’t be trusted with secrets” might sound like harmless banter, but if taken out of context or believed by others, it could be construed as defamation. If your words damage someone’s reputation or lead others to think poorly of them, you might end up with more than just a holiday hangover – there could be legal consequences.

Hot Tip: The best way to avoid defamation issues is to avoid making negative statements about people online. If you’re venting, do it offline and privately.

Avoid the Cyberbullying Trap

The festive season can sometimes bring out the “keyboard warrior” in us all but be cautious. Cyberbullying laws in Australia are robust, especially in New South Wales and Queensland. Online bullying, harassment, and threats can lead to serious legal consequences. In NSW, the Crimes (Domestic and Personal Violence) Act 2007 provides protections against intimidating, stalking, or harassing another person, while in QLD, the Criminal Code Act 1899 also criminalises similar behaviour. If a post or comment is seen as causing distress, anxiety, or even fear, you could be breaching the law.

This doesn’t just apply to public posts, either. Group chats, direct messages, and even Snapchats that disappear after a few seconds are all fair game under cyberbullying laws if they cause harm. So, before you let loose with a snarky comment or an “all in good fun” joke, remember that it could be perceived differently by others.

Pro Tip: If you wouldn’t say it to someone’s face, don’t say it online. The screen may offer some anonymity, but the law is watching.

Group Chats: A Grey Area Worth Watching

Group chats are often where holiday conversations go wild – from sharing pictures to poking fun at one another. But, in the eyes of the law, private group chats can become semi-public spaces depending on who’s in the group and how it’s used. If you send defamatory or harmful messages within a group chat, it can still be considered publication, and you might be responsible for the impact it has on someone’s reputation or well-being.

Additionally, some may not realize that forwarding a message or photo can amplify the harm. If you share a screenshot of a private message or an embarrassing photo without consent, you may be legally liable under NSW and QLD’s privacy and defamation laws.

Word to the Wise: If it’s not nice, necessary, or Nanna-approved, keep it to yourself – and out of the group chat.

Staying Safe and Jolly

There’s nothing wrong with sharing the joy and capturing the season’s best moments on social media. Just remember that everything you post has the potential to impact others and, possibly, your own legal standing. Here are a few simple tips to help you stay on the nice side of social media law:

1. Check your settings: Ensure your privacy settings are up to date so that only trusted friends and family can view your posts.
2. Ask first: If others are in your photos or videos, ask them if they’re comfortable with you sharing them.
3. Think twice: If a post, comment, or message seems even slightly questionable, skip it. The holidays are for peace, not legal battles.

At FEDOROV Family Lawyers, we’re here to remind you that social media can be a fantastic way to connect, but it’s essential to keep it respectful and mindful of the law. We wish you a joyful, safe, and legal holiday season – happy sharing!