June 25, 2012
Court orders requiring production of material from Facebook and social media are newsworthy in Canada and the United States. From the Canadian litigator’s perspective, the fuss is a bit peculiar. Records that are relevant to a dispute are required to be produced in litigation. The fact that they are personal, private or potentially embarrassing is not an accepted ground to refuse disclosure.
What is concerning from a litigator’s perspective is the potential for the intentional destruction of social media records in order to avoid production in litigation.
Reproduced with permission of the publisher from Internet and E-Commerce Law in Canada, Vol. 13, No. 2, June 2012.
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