Page 24 - Leisure Living Magazine May 2017

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Continued from page 23
ly attacks in France incited by satirical cartoons featuring the prophet Mohammad, the Turkish government asked Facebook to block content that depicted Mohammed disparagingly. The compa- ny agreed. Most social media sites also warn you to be careful about believing what you read and see on the sites. Twitter says, “We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any con- tent or communications.”
Q: Can a social site post be used against me in a legal proceeding?
A: Possibly. Parties have successfully used infor- mation gathered from social media sites in court. In a 2010 American Academy of Matrimonial Lawyers survey, 81 percent of divorce lawyers said they have increased their use of social network- ing to gather evidence. The U.S. Department of Justice provides guidelines to law enforcement on using social networks to investigate crimes and the American Bar Association endorses the right
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of trial lawyers to use the social media content of potential jurors to determine whether to select a person as a juror.
Q: Can I sue a social media site if someone posts an untrue or hateful statement about me? A: Yes, but you probably won’t win your case. Most social media sites include “terms of use” language that says the sites are not responsible for what others post. Also, Section 230 of the Communications Decency Act, which governs most of the conduct of website hosts regarding posted comments, says, “...no provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provid- er.” This means that, although you may be able to sue the person making the comments, you can- not hold responsible the owners of the site where the comments were posted.
This “Law You Can Use” column was provided by the Ohio State Bar Association. It was prepared by Dan Trevas, a Columbus attor- ney and former news reporter for print and online news services. Ar- ticles appearing in this column are intended to provide broad, general information about the law. Before applying this information to a spe- cific legal problem, readers are urged to seek advice from an attorney.
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