– Social media is widely used for personal and professional networking.
– Cyberstalking is increasingly common in domestic violence cases.
– Courts can issue injunctions for protection against cyberstalking if legal standards are met. 1. Cyberstalking is defined as engaging in a course of conduct to communicate words, images, or language through electronic communication directed at a specific person.
2. The definition also includes accessing, or attempting to access, the online accounts or Internet-connected home electronic systems of another person without that person’s permission.
3. A court found that two social media posts made by a husband did not amount to cyberstalking justifying entry of an injunction, as they were not directed at a specific person. – The Second District court explained that the Facebook posts were not directed at a specific person, as they were published on the husband’s own page without mentioning or tagging the wife.
– The court in Horowitz noted that posts on one’s own Facebook page are not directed at a specific person, but are posted for all friends to see, depending on privacy settings.
– The Fourth District Court of Appeal found that the posts in Logue v. Book were not directed at the petitioner, as she learned of them through third parties and the respondent never directly communicated with her about the posts. 1. Social media posts can be used as a basis for an injunction if they are deemed a credible threat.
2. It is important to protect social networking accounts and personal information by keeping passwords private, changing them frequently, and using privacy settings and antivirus software.
3. Behavior that makes someone feel scared, unsafe, or uncomfortable is never okay, and cyberstalking is taken seriously by law enforcement.
4. Obtaining an injunction for cyberstalking is difficult and requires a high legal threshold to be satisfied, as courts are cautious to balance First Amendment rights with the right to be free from fear of violence. 1. Florida District Courts of Appeal have not ruled out the possibility of social media posts constituting cyberstalking if the victim is specifically identified or tagged.
2. Latest Florida case law requires that harassing or threatening posts be delivered directly to the victim in order to justify an injunction for protection against cyberstalking.
3. It is important to think carefully before posting on social media, as posts can remain on the web indefinitely.
4. For assistance with divorce, marital, or family law issues, contact Iman Zekri at iman.zekri@henlaw.com or 239-344-1119.
https://www.henlaw.com/news-insights/troublesome-tagging-floridas-evolving-standard-for-injunctions-against-cyberstalking/
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