News
Social media messaging disappears and can be deleted? Think again.
The way we communicate continues to expand exponentially.
Text messages, Messenger, WhatsApp, Signal, Instagram, Snapchat are some of the common ways people are communicating now. While the advancements in technology provide us with new and innovative ways to keep in touch with each other, it is important to remain aware of what you are sending or putting into writing and any legal implications that may arise.
You may think nothing of sending a photograph to someone or discussing certain issues, but the reality is that these messages can be subsequently produced through the processes of disclosure and arise in a criminal trial – either against you or implicate you in criminal offending.
It is common for all messages to be sought via disclosure in criminal cases. This is sought and provided in anticipation of a criminal trial, often at the very early stages of a matter.
Text messages that have been deleted can be obtained from the server. Snapchat is misleading; while the messages expire or can disappear after 24 hours, they too in some cases can be retained and subsequently produced in evidence.
Don’t be misled into a false sense of security that social media messaging can provide you with a level of anonymity or will not come back to haunt you.
Sexting and child exploitation material
The issues as to sending explicit photographs are particularly important to consider. “Sexting” might be common, but it is important to remember that the law views explicit photographs of people under the age of 18 years as child exploitation material.
While people underage might share explicit photographs or videos with each other, if this material remains on a person’s phone they are in possession of child exploitation material. There are particularly severe consequences for a person over the 18 years.
Consider the following example.
A person received explicit photographs from a partner when they were under the age of 18 years, but those pictures remain on their phone after their 18th birthday. The person can now be charged with possession of child exploitation material – where they have on sent it on, they can also be charged with disseminating child exploitation material.
The penalties are particularly worse if a person is over the age of 21 years in these circumstances where they might still be in possession of that material. They will be placed on the Child Sex Offenders Register and subject to all the reporting requirements and possible employment and social consequences associated with this. A person remains on the Child Sex Offenders Register for life and there is virtually no way to be removed from it.
As the way we communicate continues to evolve (for better or worse), it is important to remain aware as to how you are communicating and ensure that it does not land you in a difficult situation several years in the future.
