In the age of social media, firing off a quick comment or a heated reply is second nature. We often treat our online spaces as casual, private, or temporary, but the internet is written in ink, not pencil. What you say online can have profound real-world consequences, extending far beyond a simple misunderstanding. The law is increasingly catching up with our digital lives, and those seemingly harmless online comments can be admitted as evidence in legal proceedings. Understanding what crosses the line from opinion to actionable offense is crucial for protecting yourself. Here are ten examples of online comments that can be legally used against you.
1. Defamatory Statements
This is one of the most common legal pitfalls on social media. Defamation involves making a false statement of fact that harms another person’s reputation. If you post a comment accusing someone of a crime, unethical behavior, or having a loathsome disease, and the statement is untrue, you could be sued for libel (written defamation). These online comments are prime evidence in a defamation lawsuit and can lead to significant financial damages awarded to the victim.
2. Threats of Violence
Any comment that communicates a serious expression of intent to commit an act of unlawful violence against a particular individual or group is taken extremely seriously. Courts do not consider credible threats to be protected speech under the First Amendment. Even if you claim you were “just joking,” your words can be interpreted as a genuine threat, leading to criminal charges. Prosecutors will use your online comments as direct evidence of your intent to cause harm.
3. Admissions of Guilt
It may seem obvious, but publicly commenting about illegal activities you’ve participated in is a gift to law enforcement. Posting things like “I was going 90 mph on the highway today” or “I lied on my tax return” creates a digital record of your admission. In any subsequent legal action, these online comments can be presented to the court as a confession. It is astonishingly common for people to incriminate themselves on social media platforms.
4. Harassment and Stalking
Comments that are part of a persistent and unwanted pattern of contact can constitute legal harassment or cyberstalking. This includes sending obsessive messages, making derogatory remarks across multiple platforms, or encouraging others to pile on. A history of such online comments can be used to obtain restraining orders or even press criminal charges. Each comment builds a timeline of evidence demonstrating a campaign of malicious behavior.
5. Comments That Violate a Contract
Many employment contracts and non-disclosure agreements (NDAs) include clauses about confidentiality and non-disparagement. If you post online comments that reveal trade secrets, proprietary information, or badmouth your former employer in violation of a signed agreement, you can be sued for breach of contract. Your public post is clear proof that you violated the terms you agreed to, making the company’s legal case against you much stronger.
6. Perjurious Statements
Lying under oath is perjury, but lying in ways that affect a legal case can also happen outside the courtroom. If you are involved in a lawsuit and make online comments that contradict your official testimony or depositions, the opposing counsel will find them. These posts can be used to impeach your credibility as a witness, effectively proving to the judge or jury that you are not trustworthy. It can completely undermine your entire case.
7. Discriminatory Remarks
Making racist, sexist, ageist, or otherwise discriminatory comments online can have severe legal and professional repercussions. These posts can be used as evidence in wrongful termination or housing discrimination lawsuits. For example, if a landlord posts derogatory comments about a certain nationality and then denies a rental application from someone of that nationality, the post becomes powerful evidence of discriminatory intent.
8. Comments Revealing Your Location
In legal cases where your whereabouts are a key fact, such as an alibi in a criminal case or a disability claim, your online comments and geotags can be used against you. Posting a photo of yourself playing basketball while you are supposed to be recovering from a serious back injury can jeopardize your entire insurance claim. These digital footprints can directly contradict your legal claims with powerful, visual evidence.
9. Libel Per Quod
Some statements may not seem defamatory on their face but are when combined with other information (this is called libel “per quod”). For instance, a comment congratulating a married man on the “new baby with Sarah” seems innocent. However, if the man’s wife is not Sarah, the comment implies adultery, which can be defamatory. In a divorce proceeding or a defamation case, these seemingly benign online comments can become legally explosive.
10. Evidence of Your State of Mind
In both civil and criminal cases, your mental state is often a key element. Online comments can be used to establish intent, motive, or emotional state. A series of angry, vengeful posts can be used by a prosecutor to show premeditation in a homicide case. In a custody battle, comments showing instability or poor judgment can be used to argue against you having custody of your children.
The Permanence of Digital Ink
The line between casual venting and legal liability is thinner than most people realize. The best advice is to pause before you post and consider how your words could be interpreted by a lawyer in a courtroom. Once your online comments are out in the world, they are nearly impossible to erase completely. Treating your digital interactions with the same caution as your real-world ones is the smartest way to stay out of legal trouble.
Have you ever seen someone post a comment online and worried about the legal trouble they could get into? Share your thoughts below.
Read More:
7 Online Scams That Are Harder to Spot Than You Think
10 Crimes That Happened Because You Forgot to Lock Your Car
Latrice is a dedicated professional with a rich background in social work, complemented by an Associate Degree in the field. Her journey has been uniquely shaped by the rewarding experience of being a stay-at-home mom to her two children, aged 13 and 5. This role has not only been a testament to her commitment to family but has also provided her with invaluable life lessons and insights.
As a mother, Latrice has embraced the opportunity to educate her children on essential life skills, with a special focus on financial literacy, the nuances of life, and the importance of inner peace.