Many people using social media websites are unaware they can be charged with a criminal offence.
Many people these days have a Facebook account. It was a well reported in the media when the number of users of the social media site exceeded one billion. With the increase in popularity of social media websites such as Facebook, there has also been an increase in the number of people charged with criminal offences for the content or messages they have posted.
The original purpose of social media sites (one would assume) was to connect people through an online portal so that they could interact in well-behaved and friendly manner. But with over a billion users, it is no doubt that people use social media sites such as Facebook for many different purposes.
People use the social media sites both to communicate good vibes but also to make intimidating or threatening comments. It should be well known to any internet user that once content is uploaded to the web, there remains a permanent record that may be accessed by anyone, including law enforcement authorities.
If someone makes a post, and if the recipient makes a complaint to Police that they feel threatened or intimidated, the Police may issue a Court Attendance Notice to the person alleged to have made the comments.
Increasingly, people are being charged with a criminal offence as a result of posting comments made online. Just because you have been charged does not mean you will automatically be found guilty of the offence.
In most cases where someone has been charged with a criminal offence based on a comment or a post, the Police will also seek that an Apprehended Violence Order (AVO) be made for the protection of the person allegedly threatened.
It should not be forgotten by anyone using social media sites that if the post threatening or intimidating comments, they made be charged with an offence just as if the person made the comments directly to the person.
There are of course, defences available to these charges. If you, or anyone you know, requires specific legal advice or representation in court for an offence of this kind contact Matthew Unwin on matt@hcdlaw.com.au.
