The Impact of Social Media on Assault Cases: What You Should Know

Your behaviour in public spaces such as online is more important regarding criminal cases, such as assault, than you may realize. In today’s blog article, we want to talk about the impact of social media on criminal cases both before and after being charged.

Before we talk about the impact of social media, let us first remind ourselves what exactly is the definition of assault in Canada. We are going to paraphrase from the (federal) Criminal Code. Assault is defined as applying force to someone directly or indirectly without that person’s permission or attempting or threatening to do the aforementioned or making someone believe that you are going to do the aforementioned. Or openly wearing or carrying a weapon or what looks like a weapon and accosting or impeding someone.

Before Being Charged With a Crime

Be aware that what you say online can be used against you. Often those persons who are participating on social media or in online discussion forums have a false sense of security, especially if they are using a VPN or virtual private network, thinking that their identities are masked.

This is only partly true. While you may be able to mask your identity to the average person, law enforcement can almost always track your online movements with sophisticated tools if law enforcement is sufficiently motivated. In addition, just by being behind a keyboard, people often say things that they would not say in person.

The point here is that, in Canada, making threats to someone online can be construed as assault, and you can be charged with a crime. So, it is a good idea to refrain from doing so. In other words, if you cannot say anything nice, then do not say anything at all. There is a long list of offences that you can be charged with based on threatening comments on social media including assault, stalking, and hate speech.

After Being Charged With a Crime

If you have already been charged with a crime, then law enforcement and the Crown are going to fully investigate your online presence including activity on social media. Social media platforms keep records of postings by “backing up” data, that can be retrieved with a subpoena. If you have said anything that could be construed as assault then that can be used against you in court or to have new charges against you.

General Advice

Never assume that if you deleted something on social media, then it is gone. Much of the data that has been deleted can be retrieved, and others may have taken screenshots or photos of what you previous said. Similarly, just because you delete something on your cell phone does not mean that this data is “gone”. It may very well be retrievable.

The best advice is not to say incriminating or threatening things online or on your phone in texts, and do not discuss your case—if charges have already been laid—to anyone except your lawyer.

Gagan Nahal is a criminal defence lawyer based in Surrey, British Columbia, although he has represented clients across Canada. He works vigorously and tirelessly defending his clients. 

If you have any questions about this article or you would like to talk to Mr. Nahal, please call him directly at (604) 527-4769.