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Social media and the law: Could your next tweet get you in trouble?

Kirsty Grant
Newsbeat reporter
Getty Images TwitterGetty Images

We can often fire off tweets or stick up Instagram stories without a second thought.

But what if you got in trouble with the law because of something you posted online?

There have been warnings around what you can post on social media since the arrest of Manchester United footballer Mason Greenwood on suspicion of rape and assault.

It's because of the risks of prejudicing a potential trial.

What that means is juries must not be influenced by anything but the evidence they hear in court - with something called contempt of court laws making sure people get fair trials.

What is contempt of court?

Contempt includes publishing anything that creates a substantial risk of seriously prejudicing "active" criminal proceedings.

Proceedings become "active" when a suspect is arrested.

The rules apply to everyone from journalists and news reports to people posting comments on social media.

If someone interferes with a trial, the defendants can walk free and a new trial might need to be held.

Defence lawyers can argue a jury could not reach a fair verdict on a case because of the coverage and publicity around it.

There are examples of social media s being warned and punished about what they've posted.

The maximum sentence for contempt of court is two years in prison, but it can also be punished with an unlimited fine.

Dr Christian vs. Arlene Foster

When it comes to social media law, there can be a fine line between banter, bullying and defamation.

You might've seen Embarrassing Bodies presenter, Dr Christian Jessen, had to pay £125,000 in damages to DUP leader Arlene Foster.

Not something we had on our 2021 bingo card.

It's because he tweeted claiming the politician was having an affair outside of her marriage. It wasn't true.

Getty Images/BBC Dr Christian & Arlene FosterGetty Images/BBC

Rumours spread online all of the time, and most of us aren't double-checking the source of information before sharing something online.

So if you've posted something untrue about a celebrity or politician - could you be made to empty your wallet in damages too?

"Yes, you could," says Eva Bracha, from Cohen Davis Solicitors.

"Nothing would stop them from coming forward and having a claim."

Although, it's less likely. Eva says tweets like Dr Christian's are more of a risk, because of the context.

"Because of who he is, his following on social media is massive... that's what amplified her claim.

"Also because of the gravity of the accusation that he made. It was highly embarrassing, it harmed her reputation."

Eva Bracha Eva BrachaEva Bracha
Eva Bracha works with legal cases related to social media

If you've posted about celebrity rumours before, Eva says, "don't be worried about anyone showing up at your door and saying you're in breach of the law".

"Just be reasonable with what you're posting on social media," Eva suggests.

"If you see that something is attracting a lot of hate and negativity, and you could be part of the mess, just think about what you're saying."

Eva gets phone calls every day from people who want to take legal action against people bothering them online.

She posts insights into her job, and tips for safely using the internet, on her social media s.

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