The internet and social media have facilitated communication around the world immensely. However, with the greater reach of communication, there is greater scrutiny on what is and isn’t considered free speech. While certain speech is protected regardless of whether a person says it or posts it, some speech is not protected and may lead to prosecution.
Threats to commit bodily harm or kill someone, for example, are not considered free speech, whether it’s posted online or sent via a letter. This may also include hate speech which crosses the line into a threat. It is also illegal to make false reports or make a firearm threat against a group of people.
Another type of online crime that has emerged is sexual cyber harassment, which includes posting explicit images of someone without their consent. The crime is informally known as “revenge porn”. Even if a former spouse or love interest intentionally shared the explicit images, it is illegal to post them.
This one is more obvious but bears mentioning: private information. You cannot share a person’s information such as their credit card or social security number. Phone numbers and addresses, on the other hand, are considered readily available information and are therefore not illegal to post unless the posting of the information can be proven to be a threat.
This update is published by The Law Offices of Mark Eiglarsh, a Fort Lauderdale criminal defense lawyer. Areas of practice include criminal defense, white collar crimes, drug crimes, fraud, DUI, sex crimes, domestic violence, and more. With over two decades of experience, Mark is committed to obtaining the best possible outcome for his valued clients under difficult circumstances. For more information or to schedule a consultation, please call 954-500-0003 in Broward or 305-674-0003 in Miami.
This information is provided for educational or informational purposes only and should not be construed as legal advice. The information is not provided in the course of an attorney-client relationship and is not intended to substitute for legal advice.