Social media has become an undeniable part of daily life, but for divorcing spouses, it can also become a dangerous weapon. Ontario courts are increasingly addressing cases where one spouse uses online platforms to harass, defame, or publicly shame the other. This type of digital warfare not only escalates conflict but can also lead to severe legal consequences—including hefty fines, court-ordered damages, and even imprisonment.
The Legal Consequences of Social Media Attacks
Under s. 87(8) of the Child, Youth and Family Services Act, it is illegal to publicly disclose information that could identify a child involved in legal proceedings. This includes posting details about a custody battle, sharing photos, or even discussing the case online. Violating this law can result in fines of up to $10,000 or imprisonment for up to three years.
In the case of S.B. v. J.I.U., 2021 ONCJ 614, Justice Stanley Sherr addressed a father’s persistent online harassment of the mother, stating:
“The father has engaged in a campaign of harassment and cyberbullying against the mother. He has breached her privacy rights and the privacy rights of the children in this campaign… She described him as obsessed with hurting people and told her that it was fun and that he loved fighting and seeing people get beat up.”
As a result, the court issued a restraining order and warned the father that breaching it could result in criminal prosecution and a prison sentence of up to two years.
Financial Penalties for Social Media Misuse
Beyond criminal liability, Ontario courts have also imposed significant financial penalties on spouses who use social media to attack their former partners. In V.M.Y. v. S.H.G., 2019 ONSC 7279, a father was ordered to:
- Remove all online posts, images, and videos referring to the children
- Cease posting about the family, parents, or family business
- Stop recording video calls with the children
- Not communicate in a different language during calls to prevent hidden messages
In addition to these strict prohibitions, the court awarded the mother:
- $50,000 for intentional infliction of mental suffering
- $100,000 for invasion of privacy
- $150,000 in punitive damages
These rulings highlight that Ontario judges will not tolerate the use of social media to intimidate, control, or emotionally harm a former spouse or child.
Social Media as a Form of Family Violence
Ontario family law recognizes that publicly humiliating or denigrating a spouse—especially in front of children—can constitute emotional and psychological abuse. Courts increasingly view these actions as a form of family violence, which can impact custody and access decisions.
Judges are prioritizing the privacy and mental well-being of children in these cases, ensuring that social media is not weaponized to cause further harm during an already difficult time.
Final Thoughts: Think Before You Post
Divorce is stressful, and emotions can run high, but using social media as an outlet for anger or revenge can backfire—legally and financially. If you’re going through a separation, pause before you post. Even seemingly harmless comments can be used as evidence against you in court.
If you have concerns about how social media may impact your divorce or custody case, seeking legal advice is essential. The best course of action? Stay off social media altogether when discussing your divorce, and let your lawyer handle communications in a way that protects your rights and your future.
