Legal Briefs — Social network defamation and litigation

Social networking sites are great tools that allow people to stay in touch with one another, and to let people know what you are up to and what you are thinking.

It is also a tool that allows people to express how they feel about something, or someone, in a more public manner.

However, that expression on a social networking site, or on the Internet, could come back to haunt that person, if there in ongoing litigation.

In perhaps a first of its kind decision, the B.C. Court of Appeal has affirmed that a father who used the Internet and Facebook to publicly denigrate his childs mother must pay her damages for defamation and invasion of her privacy.

The parties were involved in a custody and access dispute over their child.

The court concluded that the father had taken his battle with his estranged spouse far outside the ordinary confines of the family court litigation.

The father created a website where he would publish his negative comments about his estranged spouse, as well as publish suggestions about her parenting abilities, or lack thereof.

Despite the father agreeing in a court order to stop making any further disparaging comments about his estranged spouse, the father published his comments on Facebook.

The court concluded that the fathers conduct and motive was to win by any means, including the posting of the negative and derogatory comments about his estranged spouse.

This case is perhaps the extreme, in that the father actually set up a website to post his negative comments.

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Legal Briefs -- Social network defamation and litigation

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