Social Media and E-Safety During a Separation
Unless you are living on another planet, Social Media is here to stay. According to Sprout Social, a provider in analytics and monitoring, globally, the average person bounces between 7 social networks a month. The time on platforms for adults has ballooned to 95 minutes per day and this figure is only growing.
Family Law disputes, like many areas of life are mirroring this trend of growth with almost all matters our firm is involved in having some form of social media impacts present. Due to this point, an increased focus on your eSafety can be important.
It is so important in fact, that Australia is the first nation to have implemented a government agency dedicated to keeping people safer online, in the form of the eSafety Commissioner (eSafety).
What is eSafety and why is it important in Family Law?
According to the Commissioner’s website, esafety is about safeguarding individuals from online harms.
Like all forms of communication in a relationship, social media messages and posts can form crucial parts of evidence used in Family Law Court proceedings.
Technology and social media can be weaponised to perpetrate coercive control, referred to as technology-facilitated abuse.
This can occur through a range of online behaviours including
· Harassment
· threats to harm an individual
· threats to share intimate photos/videos
· stalking
· bombardment of abusive messages
· breaching an individual’s privacy by reading through personal messages
· through spyware, coercion, or GPS tracking an individual.
At Lagom Family Law, we have extensive experience in assisting clients navigate their way through preparing to leave a relationship, or those who already have, with expert legal advice. We excel by providing this in a way that can protect the rights of those affected by online and technology-based harassment, including their children or loved ones.
What are some top eSafety tips people can do to protect themselves when separating?
The following is a list of areas that are general, but can be important keep mindful of;
1. If you are in immediate danger, call 000
If you are in immediate danger or an emergency, call emergency services on 000.
If the danger is not immediate you can call your local police station or the Police Assistance line on 131 444.
2. Change Your Passwords
The first thing you should do when you are separating is change your passwords including your phone pin. Ensure that your new password is not something your partner will be able to guess.
3. Data Sharing
Ensure you turn off all data sharing settings that would allow your partner to have access to the information on your devices. A common one is the family sharing setting on apple products. This may be something to consider also if you have children and your partner may have access to their devices.
4. Image Based Abuse
If your partner (or ex-partner) is threatening to share intimate material without your consent, you should contact the police immediately, as it is a criminal offence in NSW. If you are yet to separate and it is safe to do so, you may consider deleting any of this kind of material off your partners phone prior to separating.
5. Cyberstalking
Due to the wide array of channels and social media to communicate or track people, cyberstalking has in many cases become the primary tool used to stalk an individual. Here are some top safety tips if you believe you may be being cyberstalked:
· Block the individual on all social media platforms and update all of your privacy settings to be private. This includes fitness apps like Nike Run Club or Instagram where your frequented locations can be ascertained from posts. We know its sometimes hard to let go of the “social likes”, but its not worth having your settings freely open for anyone to access.
· Be aware of any new friend requests. You could be being catfished which is when someone pretends to be someone they’re not to betray you.
· Clear your internet browsing history and if you have a shared device (such as a tablet or laptop) and clear the saved passwords. Most technology providers like Google, Facebook and Apple have safeguards and checks you can complete to ensure you are doing all you can to maintain security.
· Set up two-factor authentication on all of your social media platforms including emails.
· If you believe someone may have installed malicious spyware, cameras, GPS trackers or other illegal surveillance, there are expert services that can conduct a ‘sweep’ of devices and software to identify any tracking technology.
6. Abusive Behaviour via Electronic Communication
It can be incredibly scary to be the recipient of constant abusive messages. Ensure that you screenshot the messages, phone logs and other evidence of the abusive behaviour and provide a copy to your lawyer or a close trusted person for keep safe. You should also contact the police and ask to speak with a Domestic Violence Officer. There may be options to consider such as an Apprehended Domestic Violence Order.
If you believe you are a victim of technology-facilitated abuse and are seeking to separate from your partner, Lagom Family Law can assist you in planning your exit strategy, with sound legal and practical advice that focuses on getting the best results so you can move on with your life and remove the cycle of abuse for good.
Speak to our team by booking in a free Discovery Call and mention eSafety in the comments.
Author: Emily O’Connor, Paralegal
Lagom is Swedish and means not too little, not too much, just right. This is our philosophy of practice as we aim to provide tailored advice specific for your individual needs - that’s just right for you!
Lagom Family Law is a boutique legal practice lead by Principal Lichee Hogland who strives to achieve the best possible outcome for her clients whilst being approachable and respectful.