In recent years, the Ontario courts have increasingly faced cases where social media becomes a battleground for divorcing spouses. This phenomenon, where individuals use online platforms to disparage, defame, or disclose sensitive information about their ex-partner, has serious legal implications, as exemplified by judicial decisions.
To begin with, under section 87(8) of the Child, Youth and Family Services Act, the identification of minors involved in legal proceedings can lead to fines up to $10,000 or imprisonment for up to three years. This Ontario law states “No person shall publish or make public information that has the effect of identifying a child who is a witness at or a participant in a hearing or the subject of a proceeding, or the child’s parent or foster parent or a member of the child’s family.”
In S.B. v. J.I.U., the judge imposed consequences for flouting court orders regarding internet and social media posts. In this case, Justice Sherr stated:
“The father has engaged in a campaign of harassment and cyberbullying against the mother. He has breached her privacy rights and the privacy rights of the children in this campaign… She described him as obsessed with hurting people and told her that it was fun and that he loved fighting and seeing people get beat up.” The court made a restraining order and alerted the father that the breach of a restraining order can be enforced as an offence under the Provincial Offences Act or can result in criminal prosecution leading to imprisonment for not more than two years…”
In the civil case of Yenovkian v. Gulian, the court made orders regarding malicious social media use. In this case, the judge ordered the father to:
-immediately remove from the internet all videos and/or images referable to the children
-immediately remove from the internet all posts in writing referring to the children
-not post to the internet any videos and/or images referable to the children
-not post to the internet any writing referring to the children, family, parents or the family business
-not record his parenting via videoconferencing or telephone with the children
-no communicate with the children by Skype, Facetime or telephone
-not videotape, audiotape or record the calls with the children in any manner
-not speak to the children in Armenian during the calls
The judge also granted a restraining order preventing the father from directly or indirectly contacting, threatening, intimidating, molesting, harassing, annoying or causing a third party to contact, threaten, intimidate, molest, harass or annoy the mother or children.
On top of all that, the judge ordered the father to pay the mother $50,000 for intentional infliction of mental suffering, $100,000 for invasion of privacy and another $150,000 in punitive damages.
As is evident, the courts recognize that denigrating a spouse in front of children constitutes family violence, encompassing emotional and psychological abuse. Such behaviours can lead to court orders prohibiting negative social media posts and other forms of public disparagement.
Ontario law has evolved with the times, and levy financial repercussions where spouses weaponize social media during divorce. Judges are vigilant in addressing the misuse of social media, prioritizing the protection of the children’s privacy, mental well-being, and best interests.
This article was published on LAW360 at: https://www.law360.ca/ca/family/articles/2310265/weaponizing-social-media-during-divorce-proceedings-
Steve Benmor, B.Sc., LL.B., LL.M. (Family Law), C.S., Cert.F.Med., C.Arb., FDRP PC, is the founder and principal lawyer of Benmor Family Law Group, a boutique matrimonial law firm in downtown Toronto. He is a Certified Specialist in Family Law, a Certified Specialist in Parenting Coordination and was admitted as a Fellow to the prestigious International Academy of Family Lawyers. Steve is regularly retained as a Divorce Mediator/Arbitrator and Parenting Coordinator. Steve uses his 30 years of in-depth knowledge of family law, court-room experience and expert problem-solving skills in Divorce Mediation/Arbitration to help spouses reach fair, fast and cooperative divorce settlements without the financial losses, emotional costs and lengthy delays from divorce court.
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