Social Media and Agreements

Social media is providing a bonanza of conduct for everyone to cope with. Everyone has to operate on the assumption they cannot do or say anything, anywhere, that might not end up published to the world. Good divorce attorneys warn their clients not to put anything on social media that they don’t want the world to see. Some attorneys warn their clients to stay off of social media entirely.

This begs the question as to whether attorneys should attempt to protect clients from social media in agreements, such as prenuptial agreements and divorce agreements. A recent excellent publication is “Social Media and Prenuptial Agreements” by Jason Castle.

Here is some possible language:

“Neither party shall post items on social media about the other party or their parenting skills or conduct. Neither party shall publish private or embarrassing information, pictures, videos or other material about the other party. If such incident should occur, the offended party may bring an action to enjoin further conduct and to seek damages or sanctions and attorneys fees. For example, sometimes photographs or videos exist, the publishing of which might not constitute defamation or violation of common law but are clearly embarrassing. Publishing such information is prohibited by this paragraph.”