Criminal Law
When Can a Social Media Post Create Legal Liability?
Criticism, factual allegations, reputation, privacy and possible criminal liability.
Distinguish criticism from allegations
Freedom of expression may protect strong criticism, but protection is not unlimited. Factual accusations, threats, insults and disclosure of private information raise different issues. Context, identification and reach matter alongside the wording.
Civil and criminal questions differ
A reputational damages claim differs from proof of a criminal offence. Cap. 148 and relevant criminal and privacy provisions require separate analysis. Truth does not invariably justify disclosing private information.
Check and preserve the context
Verify allegations and distinguish public-interest discussion from personal attack. Preserve URLs, dates and evidence of publication if a dispute arises. Deletion does not automatically erase earlier publication; consider proportionate correction or removal.
This publication is for general information and does not constitute legal advice on a particular matter. Legislation and case law may change. Seek legal assistance promptly, especially where a court or application deadline may apply.