It is distressing enough having to deal with the breakdown of a relationship, but throw in an ex who is hellbent on persistently bad-mouthing you on social media, and the anxiety increases exponentially. But what are your options for stopping your ex? We find out.
It is distressing enough having to deal with the breakdown of a relationship, but throw in an ex who is hellbent on persistently bad-mouthing you on social media, and the anxiety increases exponentially. But what are your options for stopping your ex? We find out.
If you have need help with your divorce and you feel you need legal advice, contact specialist family solicitor Mark Heptinstall of Slater Heelis Solicitors. He is recognised as a ‘Leading Individual’ in The Legal 500 and ranked in Chambers UK, and is described as having “the amazing ability to bring calm into troubled waters”.
What behaviour is sufficient to justify taking legal action?
If your ex is bad-mouthing you on social media, certain behaviour may justify taking legal action, depending on the content and its impact on your reputation, mental health, or professional life. Defamation (either libel for written statements or slander for spoken ones) may be a cause for action if your ex makes false statements that damage your reputation.
To take legal action, the statements must be false, shared publicly, and result in serious harm. For example, if your ex falsely accuses you of criminal behaviour, cheating, or professional misconduct on social media, and it affects your personal or professional life, this could be considered defamation. However, defamation cases typically cost tens of thousands of pounds, so it is highly unusual for someone who is not in the public eye or extremely wealth to be able to bring such as case to court.
Additionally, harassment or malicious communications laws may apply if the posts are part of a targeted campaign. Under the Protection from Harassment Act 1997, persistent malicious or abusive comments intended to cause distress, or alarm could lead to a civil injunction or criminal charges. Examples include repeated derogatory posts, threats, or comments that incite others to harass you.
Various types of behaviour on social media could justify taking legal action. Further examples include:
- Repeated derogatory or abusive comments that aim to cause distress or alarm. This includes persistent name-calling, insults, or threats.
- Publicly accusing you of actions you did not commit, like fraud, theft, drug use, or abuse, which can harm your social or professional standing.
- Sharing or threatening to share intimate, sexual, or pornographic images or videos of you without consent.
- Publicly sharing private information like your home address, phone number, or workplace to encourage others to harass you.
- Posting altered or misleading images of you that create a false narrative or portray you in a damaging way.
- Encouraging others to harass, insult, or harm you, either physically or emotionally, through coordinated online attacks.
What are the legal options for stopping an ex from bad-mouthing their ex?
There are several legal options available to stop an ex from bad-mouthing you on social media, depending on the nature and severity of their behaviour. These include:
- Solicitors letter – this is a formal letter sent to your ex from a solicitor demanding that they stop making defamatory or harmful comments. It is often a first step to resolve the issue without going to court. It shows that you are serious about pursuing legal action if the behaviour doesn’t stop.
- Injunction (Non-Molestation Order) – this is a court order preventing your ex from harassing or contacting you, including making harmful social media posts. If their behaviour constitutes harassment or abuse under the Protection from Harassment Act 1997, this can be an effective measure. Breaching the injunction can lead to criminal charges, fines, or imprisonment.
- Malicious Communications Act 1988. This law makes it illegal to send or post messages or images that are indecent, grossly offensive, or intended to cause distress. If the posts contain abusive language, threats, or personal insults, you could report this to the police and if convicted, your ex could face a fine or imprisonment.
- Revenge porn legislation – if your ex is sharing, or threatening to share, explicit or intimate images of you, this is a criminal offence under the Criminal Justice and Courts Act 2015. Your ex could be prosecuted, and you can also seek to have the images removed and further distribution stopped.
- Reporting to social media platforms – most platforms have policies against harassment, defamation, and revenge porn. If your ex’s behaviour violates these terms, you can report their posts and request their removal. Posts may be removed, and their account could be suspended or banned.
- Police involvement – if the behaviour involves threats, harassment, or other criminal elements, you can report it to the police. This is appropriate when the behaviour is persistent, or threatening. Police could issue a warning, or even arrest and prosecute your ex under harassment or malicious communication laws.
What steps need to be taken to collate and preserve evidence?
When dealing with an ex who is bad-mouthing you on social media, gathering evidence is vital if you plan to take legal action. Here are some steps you can take regarding gathering evidence:
- Document everything – save and document all the relevant social media posts, messages, or comments. This includes screenshots of defamatory posts, harassing messages, and any online interactions where the bad-mouthing occurs. Make sure the screenshots capture the full content, including timestamps, usernames, and URLs (if applicable). This helps verify the authenticity of the evidence.
- Save the context – capture the broader context of the posts. For example, if a post is part of a longer conversation or a series of comments, screenshot the entire exchange to show intent and impact.
- Keep a record of the comments leading up to and following the bad-mouthing post. This helps provide a context for the behaviour and can demonstrate a pattern of harassment.
- Note the specific dates and times when the posts or messages were made. This is essential in proving the frequency and persistence of the behaviour.
- Use a log or journal to track each instance, adding details such as the platform, time, and content. These details help establish a timeline of events.
- Copy and store the URLs or direct links to the posts or comments. Even if the posts are later deleted, the URLs can be used to show the posts were made.
- Keep a secure document with all the links to the posts. Some social media platforms may allow you to request a copy of the data (including deleted posts) if needed.
- If others witnessed the posts, messages, or comments, ask them if they’d be willing to provide a witness statement to support your case.
- Consult a solicitor, especially if the behaviour involves harassment or revenge porn. They can advise you on how to properly gather and preserve evidence.
- Make sure the evidence is stored securely and backed up in multiple places. Avoid relying on the original post staying up, as the person may delete it.
- Save everything in secure digital formats (screenshots, PDFs, etc.) and back up on cloud storage or an external hard drive.
By carefully documenting and preserving evidence, you can build a strong case if legal action becomes necessary.
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