Social Media and Criminal Charges: How Online Activity Can Affect Your Case in Ontario

Social media is a powerful tool — one that can connect us, entertain us, and unfortunately, get us into legal trouble. For individuals facing criminal charges in Ontario, what is posted online can have serious consequences in court.

Whether it’s a post, a photo, a comment, or a message, anything shared on social media can become part of a criminal investigation or trial. In recent years, Ontario courts and law enforcement agencies have increasingly relied on digital evidence from online platforms to build or challenge cases. If you're charged with a criminal offence, your online activity could end up playing a key role in the outcome.

How Social Media Can Be Used as Evidence

Social media content is often admissible in criminal proceedings, provided it’s properly authenticated and relevant to the case. Crown prosecutors, defence lawyers, and police may use this content to support or refute testimony, establish a timeline, or demonstrate a person’s intent, motive, or state of mind.

Here are some examples of how social media might factor into a criminal case:

• Admissions or confessions made in posts or private messages

• Photos or videos showing weapons, drugs, or the scene of an alleged crime

• Threatening or harassing messages sent to others

• Content that contradicts alibis or statements made to police

• Associations with certain individuals or groups relevant to the charges

Even if your account is set to “private,” content may be accessed through screenshots, metadata, search warrants, or by someone sharing it voluntarily with police. Once obtained lawfully, it can become part of the evidence against you — or in some cases, help prove your innocence.

Legal Risks of Posting While Under Investigation or Charged

If you are under investigation or facing criminal charges in Ontario, it’s critical to be cautious with your online presence. Certain posts can unintentionally harm your defence or result in new, additional charges.

For example:

• Discussing your case publicly can be seen as interfering with the administration of justice.

• Contacting alleged victims or witnesses online may violate bail conditions.

• Posting content that appears to mock the court process can damage your credibility and may influence how you're perceived by a judge or jury.

In some cases, courts have considered online activity when setting or revoking bail, as it may raise concerns about risk to public safety or a failure to comply with release conditions.

Advice for Accused Individuals

If you’ve been charged with a criminal offence or are under investigation in Ontario, here are some best practices to protect yourself:

1. Stop Posting Immediately: Avoid making any public statements or comments about the case — even vague or indirect ones.

2. Adjust Your Privacy Settings: Limit who can see your content, but don’t assume it’s truly private.

3. Don’t Delete or Destroy Posts: This could be seen as tampering with evidence. Always speak to your lawyer before making changes.

4. Avoid Contacting Involved Parties: Do not message, tag, or mention anyone connected to the case, especially if conditions prohibit communication.

5. Let Your Lawyer Handle It: If you're concerned about something posted in the past — or something another person is sharing — speak with your legal counsel before taking action.

   
   

Social Media and Youth or Cyber-Related Offences

Social media is particularly relevant in cases involving youth, online harassment, cyberbullying, distribution of intimate images, and threats made over digital platforms. Ontario courts are taking these matters seriously, especially when the allegations involve harm to others or violations of privacy.

Offences that originate or unfold online can still carry real-world legal consequences, including criminal records, jail time, or other long-term impacts.

Final Thoughts

Your online activity can — and often does — follow you into the courtroom. In criminal cases, a single post can make the difference between a strong defence and an uphill battle.

At Michael Coristine Law, we understand how digital evidence can shape the direction of a case. If you're facing charges in Ontario and are unsure how your social media activity might affect your defence, contact us today for clear, experienced legal advice.