Posted on behalf of Jeffrey N. Greenblatt of Joseph, Greenwald & Laake, PA
Maryland residents may have seen a recent news article about the newest legal remedy to address the problem of social media embarrassment. This issue is apparently becoming large enough that many attorneys across the nation are seeing requests to draw up prenuptial agreements that limit or specify exactly what information, pictures and other media a spouse may post to social media. While prenuptial agreements have historically been used primarily to provide asset protection, they can be flexible enough to provide protection from embarrassment as well.
These pre-marital agreements for social media may prove useful, especially when people consider that information shared over social media platforms may continue to exist in some form or another even if they are taken down or deleted by the user at a later date.
While most people would hope their spouses would use their best judgment when it comes to social media, the problem still persists, especially in regards to the over sharing of unwelcome or embarrassing information on Facebook, Twitter or other social media sites. On the other hand, these clauses also provide a safeguard against malicious activity by a jaded ex-spouse who may use sensitive photos or information to intentionally embarrass or harm their ex’s career or social standing after a divorce.
The penalty for violating such a clause could vary, but some attorneys have drawn up legal documents that call for fines of up to $50,000 for violations. At the very least, such a clause would make a person think twice before they post a questionable picture or story to social media.
Source: New York Daily News, “Legally binding social media ‘prenups’ aim to quash embarrassing Facebook posts,” Jenna O’Donnell, June 5, 2014