A Scenario SOCIAL MEDIA IN CIVIL & FAMILY LITIGATION Privacy: images and business records Property: websites and social media accounts Equality: vulnerability of.

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Transcript A Scenario SOCIAL MEDIA IN CIVIL & FAMILY LITIGATION Privacy: images and business records Property: websites and social media accounts Equality: vulnerability of.

A Scenario
SOCIAL MEDIA IN CIVIL & FAMILY LITIGATION
Privacy: images and business records
Property: websites and social media accounts
Equality: vulnerability of certain groups on social media
Evidentiary: surreptitiously obtained information and
privilege
Fact-finding: best interests of the child in a custody
determination
Admissibility: screen shots of Facebook profiles/walls
Civil action: intrusion on seclusion
what was she
thinking?
‘Sexting’ is a trigger issue
in this problem. How
would you explain Kelly’s
conduct? Pick the two
most likely answers
20%
20%
20%
B.
C.
20%
20%
A. She wasn’t thinking at all! A
mistake
B. She felt pressured
C. She trusted Dale
D. She was freely expressing her
sexuality through technology
E. Don’t know
A.
D.
E.
what was she thinking?
lessons from The eGirls
Project
PROFESSOR JANE BAILEY
[email protected]
MAY 2014
adults
“information
super highway”
children online
competitors
policy priority
Canadians
45 hours/month
MediaSmarts
99%
1/3
24% of grade 4’s
52% of grade 7’s
85% of grade 11’s
39%
13-24
3339 texts/month
6 texts/waking
hour
4050 texts/month
2539 texts/month
quadruple
seamless
integration
sex & sexuality
offline
online
“everyone knows that you get
intimate with your boyfriend anyway
like when you get to a certain age
like if she thinks that like she can
trust that guy and she’s going to
send him that picture”
U R BA N M I N OR FOCU S G ROU P
PA RT ICI PANT 5
2.5% -- 20%
equally likely
positive
“a strong couple,
then that’s fine”
U R BA N A DU LT FOCU S G ROU P
PA RT ICI PANT 3
“I do send pictures to my boyfriend.
But I always make sure my face is not
in there. ... Because even though I
don’t think he’d spread them around,
if he lost his phone and it wasn’t
password protected there, that would
not be good.”
U R BA N A DU LT FOCU S G ROU P
PA RT ICI PANT 4
pressure
expectations
“a girl is probably just doing it to get
the guy’s attention. … Cause most 19
year old guys only have one thing on
their mind … and … some girls will do
anything to keep their boyfriend”
R U R A L M I N OR I N T ERVI EW
PA RT ICI PANT 3
media
weight loss
bodily standards
of perfection
“the women are just objects, they’re
just complementary, he’s the center
focal point and the women are just
ornaments around him”
U R BA N A DU LT I N T ERV IEW
PA RT ICI PANT 1
“that being a woman is about how
well you can please guys. Like … how
to please your man, 101 ways to I
don’t even wanna mention it”
UR BAN ADULT I N T ERV IEW
PA RT ICI PANT 1
“likes”
“I used to think, oh cool, I got 10 likes and
then you look at the girls who look
revealing and they have 50 [from guys]
and you’re like, oh, I wonder why”
R U R A L M I N OR I N T ERVI EW
PA RT ICI PANT 3
“Wow, you’re
hot”
R U R A L A DU LT I N T ERV IEW
PA RT ICI PANT 1
“Oh my god, you
look gorgeous! You
look so skinny!”
R U R A L A DU LT I N T ERV IEW
PA RT ICI PANT 1
razor thin line
attacks
“like, some people refuse to post,
like, topless pictures, and they’ll get
hate for that. Or if you do post
topless pictures, you’ll get hate for
that. Or if- pretty much anything you
do is something wrong in someone’s
eyes.”
R U R A L M I N OR FOCU S G ROU P
PA RT ICI PANT 4
“you know you’re a real man when
you tell me that if I don’t send you a
picture of myself like naked that
you’re going to post a picture of
someone’s breasts and put them on
Facebook and tag me and say that
they’re mine”
R UR AL ADULT I N T ERV IEW
PA RT ICI PANT 3
“cause what would he do with that
actual picture of you if you sent it
and if you don’t he’s going to try and
target you anyways to the public eye
and make you look trashy”
R U R A L A DU LT I N T ERV IEW
PA RT ICI PANT 3
“why should her whole entire life and her
whole entire reputation be ruined, and
why should she be the one that gets
punished when the guy is the one who
sent it around to all of his friends …
Nothing [happens to him], they’re the
ones that are like ‘oh you’re the man’,
and like the girl’s the one who gets like
devalued from it.”
U R BA N M I N OR FOCU S G ROU P
PA RT ICI PANT 5
“let’s take for example Amanda Todd …
let’s look at the core issue here misogyny,
sexism, exploitation and abuse of young
girls, no no no! People are too busy victim
blaming Amanda Todd …’well, she
shouldn’t have sent those pictures, what
was she thinking, like, this girl’s a slut!’
and it reinforces that, and so, those
ideologies contribute to rape victims
being –’well, what were you doing
walking alone at 12 o’clock anyways?’”
U R BA N A DU LT I N T ERV IEW
PA RT ICI PANT 1
what was she
thinking?
a perfect storm
life on a powder
keg
seamlessly
integrated
“big fuse”
U R BA N M I N OR I N T ERVI EW
PA RT ICI PANT 3
permanent record
reputational ruin
“it’s not fair how easily like
your whole entire image can
get changed on one image
like one picture”
U R BA N M I N OR FOCU S G ROU P
PA RT ICI PANT 6
“give girls a
break”
R U R A L M I N OR I N T ERVI EW
PA RT ICI PANT 3
“If you’re going to change the way
that we’re going to be socializing and
like living day to day … we have to
cope with that in some way … it’s all
changing it’s all new so we have to
learn as we go”
R U R A L A DU LT I N T ERV IEW
PART ICI PANT 3
WWW.EGIRLSPROJECT.CA
[email protected]