The Social Media Digital Footprint- Parlatore Law Group
When does your social media activity cross the line and put you at risk of being sued? Back when I walked uphill both ways in the snow to get to school, there was no internet, no cyber-harassment, and bullying for the most part didn’t follow you home; you got a break. It’s a whole new world now. Between the spread of social media platforms that grant instant access to hundreds or thousands of followers, the 24/7 availability of information, and the fact that a huge percentage of the world’s population now has a smart phone (5.28 billion smart phone users in 2025 according to bankmycell.com), it has never been easier to make your opinions known. It can feel great – such a relief! – to get that anger or stress or fear or whatever out of you and send it out into the world. No consequences, right? You’re just using your right to speak freely, right?
Not always. That 2:00 am tweet on X, the post you put on Facebook or your latest Instagram reel can come back to haunt you. And not just that feeling you get the next morning when your cooler, more rational self takes over and you feel guilty kind of haunt you. I’m talking about something that can affect you in the long term.
Of course, there is always the risk of long-term effects that parents and teachers warn teens about (often with about as much success as most parental warnings). It’s a hazard that many adults should remember as well. Once something is on the internet, it’s there forever, for every future college admissions representative, employer, or possible romantic interest to find. A poorly thought-out online presence really can make the difference between landing the job you want and a continuing hunt for employment. Even if you have a great explanation, just having to give it can be embarrassing and put you in an unnecessarily poor position. Assuming that you’re even given the opportunity to explain in a highly competitive job market, which is not a guarantee. That’s a genuine risk and careless posts can cause very real harm to future you.
That’s not the kind of harm I’m talking about, though. I’m talking about legal risks. Let’s say you had a bad day, and during that bad day that guy you never liked bumped into you on the street. He didn’t even say “sorry!” As you’re boiling over later on, you decide to vent about it online. But then you decide to jazz it up a little. After all, bumping into you and not apologizing was rude, but people might not get as upset about it as you feel they should. You decide to stretch the truth a bit. After all, people can say anything online, right? You end up posting/tweeting/however you get it out there that he bumped into you AND after that you couldn’t find your wallet. He probably stole it! Just a little harmless exaggeration at the expense of some jerk no one likes anyway, right?
Wrong. What you just did is called “defamation” – you knowingly published a false statement about someone that could damage them. That moment of spite could have far-reaching consequences, not the least of which is opening yourself up to a lawsuit. That guy you didn’t like could sue you for publishing a false statement about him; for libeling him. What’s worse, you falsely accused him of committing a crime. False accusations can spiral out of control quickly. Let’s say the police approach you about the post. Do you admit that it was a lie? That’s embarrassing, and it’s an admission that could be used against you in a lawsuit. Do you stick to your story and file a false police report? (Spoiler alert – don’t pick that second option. It’s a crime to file a false report with the police and you could wind up being the one arrested. That saying that “two wrongs don’t make a right” is true.) If you do make a bad decision even worse and file the false report, at what point do you come clean and admit that you made it all up? When an innocent person is facing time in jail? When you are? When you’re faced with committing perjury under oath on the witness stand?
Facing a defamation claim isn’t the only risk of using social media to blow off steam. Defamation has to be a false statement, and it has to be a statement of fact, not just an opinion. So maybe you’re thinking it’s ok if you just say what happened. Put it out there so that everyone knows what a jerk the guy is, but don’t say anything untrue. After all, you see similar posts all the time, calling people out for bad driving or not cleaning up after their dogs or whatever someone may have done that bothered someone else. And if it stops there, you’re probably right. One truthful post complaining about someone might help you feel better without really causing any harm.
But what if you take it further? One of the problems with social media is how addictive it is to get that little “feel good” boost from people “liking” your post/tweet/reel/etc. Then you get some supportive comments. People get how you feel! And they feel that way too! What if the next time around, you get even more support? Social media platforms rely on just that addictive boost to keep users active and to keep expanding their reach. From a business perspective, more active users mean more money being made by the company; so every platform has the goal of bringing you that rush of satisfaction and does everything it can to make it easy to retweet, repost, share and the like. This effect is increased by sharing with your friends (mostly people who agree with you anyway on many things) and the “echo chamber” effect of social media platforms that push your content to the pages of other people who have liked similar content in the past. Everyone’s feeds begin to echo their thoughts and make them feel even more justified in their opinions.
So let’s say that your post about the rude sidewalk bumper was a popular one. Maybe the next time you see him, you’re watching to see what else he might do that you could post about. Part of being human is making mistakes, so if you’re watching for something you have a good chance of finding it. You put up another post. And another. And another. You’re not crossing that line into lying about your target, but you are definitely not being complimentary either. How many posts does it take before you’ve crossed the line into bullying? What about harassment?
Bullying in and of itself may not be illegal – at least not until it reaches harassment level – but it’s certainly not constructive or healthy behavior. And you never know how the target of bullying will handle it. Some people may let it roll off their backs and not react, but others can suffer depression or anxiety at best and consider suicide at the worst. Obviously causing that kind of reaction is a worst-case scenario – but it is a possible one. Bullying someone is just never a good idea. You don’t have to like them, but dislike them in the privacy of your own head.
Once you cross the line into harassment, you’re looking at legal consequences again. Depending on the laws in your state, you could be facing fines or jail time in addition to a possible lawsuit from the target of your comments. Figuring out when you’ve crossed that line isn’t always easy. In New York, for example, harassment can be established by repeatedly committing acts that “alarm or seriously annoy” another person and which serve no “legitimate purpose”. “Seriously annoy” is a pretty low standard, and it would be very hard to argue that a string of insulting social media posts served a legitimate purpose. If you were threatening physical harm (“I want to punch him in the face” as an example) the level of the offense could go up. While each state has its own legal definitions, harassment is one of those offenses that is usually broadly defined and vague. In Texas, for another example, acting with the intent to “harass, embarrass, torment, alarm, abuse or annoy” can put you at risk of legal action. North Carolina defines harassment as, “knowing conduct… directed at a specific person that torments, terrorizes, or terrifies that person and that serves no legitimate purpose.” Because of these broad and general definitions, a string of social media posts that seemed like a good idea at the time – or at least a safe idea – could put you at real legal risk. You should also keep in mind that more than one state may have jurisdiction over your social media conduct, depending on its reach. Don’t just ask AI what the law is and if your posts are okay. Not only will you get an unreliable answer for your state, but it may be an even worse answer in another state.
In short, I’m going to end up sounding like my mother – if it isn’t nice, don’t say it. Or at least, be REALLY careful if you choose to say it on social media, and make sure that it’s truthful. And you know that saying “you can’t stop at just one?” It isn’t true. You can. You should. If you didn’t, consider whether it’s time to call a lawyer.
Maryam Hadden is a partner with Parlatore Law Group, who brings over a quarter of a century of experience in litigation to work for you. Ms. Hadden’s practice area concentrations are investigations, white collar litigation, appellate work, and civil litigation. She has a wealth of courtroom experience with a solid record of success against anyone who underestimates her.
Contact us today or schedule a consultation to learn more about how we can help.
