If you are like most people who use Facebook, you probably enjoy reading about the good things that happen in the lives of your social circle, and you probably share the same type of information, photos and videos. In fact, a recent study found that the majority of social media users screen the photos they post online and only post photos in which they seem “socially desirable.” The study also found that social media users “are unlikely to capture shameful, regrettable or lonely moments with a camera.”1
Yet these same purposefully positive posts can be used as evidence against you in court. Because most people only post photos in which they appear happy on social media, it could hurt their case if they claim they are unhappy.
Emoticons and Birthday Wishes May Be Used Against You
Don’t think that photos and status updates are the only thing that can be used against you as evidence. All those birthday wishes from friends, family members, co-workers and people you are connected to may hurt your case as well. You may also want to stop using smiley face emojis.
Take for example, the case of a woman who was injured when her chair collapsed at work. The woman sued the manufacturer of the chair, claiming the collapse caused her to suffer a serious back injury that confined her to her home and caused her to suffer a loss of enjoyment of life. The manufacturer checked out the woman’s social media profiles and found that the woman regularly used smiley emoticons, indicating the woman was happy.2