False Accusations On Social Media

Summary

In North Carolina, accusations of posting unauthorized images of a child on social media require substantial evidence, such as IP addresses and device metadata, for legal action. Defamation and slander are civil offenses, not criminal, and involve false statements harming reputation. Authorities need probable cause, beyond just screenshots, to issue subpoenas for social media records. Facebooks location accuracy can vary, and login alerts are based on IP addresses, which may not definitively prove access. Legal advice is recommended for navigating these issues.

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if someone asks you if you posted a picture of their child on social media, and you didn’t and you told him that, but they refused to listen or see any proof that it wasn’t you when it was someone else can you still get charged that?
Hi Hannah,
To provide accurate information, could you please let me know your location (city and state)? Laws can vary significantly by jurisdiction.
Charlotte, North Carolina
Hi Hannah,
Thank you for providing your location. In North Carolina, simply being accused of posting a picture of someone's child without evidence is not enough to charge you with a crime.
- **Defamation Laws**: False accusations could potentially lead to a defamation claim if they harm your reputation.
- **Cyberbullying Laws**: Posting images without consent might fall under cyberbullying laws, but you must have actually posted the image.
If the issue escalates, it might be beneficial to consult with a local attorney.
Would you like information on nearby legal aid services?

Legal Aid of North Carolina - Charlotte Office


Phone: (*) *-*
Address: * Elizabeth Ave, Charlotte, NC *
Website: www.legalaidnc.org
if someone is on their social media platform and account and they post things about you that are not true that you can prove that they’re not true and they are accusing you of all of these things, you tell them that’s not how it went down and I can show you proof, but they actually refused to listen to it And then block you
Hi Hannah,
Thank you for the details. In North Carolina, if someone posts false statements about you on social media that harm your reputation, it could be considered defamation. Here are some points:
- **Defamation**: False statements harming your reputation can be grounds for a defamation claim.
- **Proof of Harm**: You must show how these false statements have caused you harm.
Would you like information on nearby legal aid services?
how would someone prove that I’m the one that posted something and not that that was a fake account with my name on it that posted something?
Hi Hannah,
To determine the authenticity of a social media post, several factors can be considered:
- **IP Address**: Identifies the location from where the post was made.
- **Device Metadata**: Information like the type of device used.
- **Account History**: Examining the account's behavior and past posts.
Would you like more information on how to legally address this issue?
would that have to be proven before they’re able to press charges on you
Hi Hannah,
In North Carolina, before pressing charges, authorities typically need evidence to support their claims. Here are some key points:
- **Evidence Requirement**: Proof like IP address, device metadata, and account history is usually necessary.
- **Investigation**: Law enforcement would investigate to gather this evidence.
Would you like information on nearby legal aid services?
so if someone says that I’m posting pictures of their child on social media and they just have screenshots of it, would that be enough for them to be able to get charges on you?
Hi Hannah,
Thank you for your patience. In North Carolina, just screenshots are typically not enough to charge someone without further evidence. Here are key points:
- **Evidence Requirement**: Screenshots alone may not suffice.
- **Further Proof**: Authorities usually need more concrete evidence (e.g., IP address, device metadata).
Would you like information on nearby legal aid services?
is defamation and slander a criminal offense or civil offense
Hi Hannah,
In North Carolina, defamation and slander are generally considered civil offenses, not criminal. Here are the key points:
- **Defamation**: Civil offense involving false statements harming someone's reputation.
- **Slander**: Spoken defamation also classified as a civil offense.
Would you like information on nearby legal aid services?
how would you go after someone for defamation and slander if they’re talking about you online saying untrue things
Hi Hannah,
To pursue a defamation claim in North Carolina for false statements made online, you can follow these steps:
- **Gather Evidence**: Collect all posts, messages, and any relevant proof showing the false statements and their impact on your reputation.
- **Consult an Attorney**: A defamation attorney can provide specific legal advice and help you file a lawsuit.
- **File a Lawsuit**: Your attorney will assist in filing the defamation lawsuit in civil court.
Would you like information on nearby legal aid services?
do I have to have an attorney to do that?
Hi Hannah,
You are not required to have an attorney to file a defamation lawsuit, but having one can significantly help you navigate the legal process effectively. Here are some points:
- **Self-Representation**: You can file and represent yourself in a civil court.
- **Legal Expertise**: An attorney can provide specialized knowledge and improve your chances of success.
Would you like information on nearby legal aid services?
if my child is seen on Instagram live, and I say that no one can share images of my child to anyone else is that legal for me to say
Hi Hannah,
In North Carolina, as a parent, you have the right to control the distribution of images of your minor child. Here are some key points:
- **Parental Rights**: You can request that others do not share images of your child.
- **Privacy**: Unauthorized sharing of images could violate privacy rights.
Would you like more information on how to enforce this legally?
if I say that and then someone sins, images or screen recording of my Instagram live to the police department is that OK?
Hi Hannah,
Thanks for your patience. In North Carolina, if someone shares images or recordings of your Instagram live with the police, it may be allowed under certain circumstances, especially if they believe a crime has occurred. Here are key points:
- **Report of Concern**: Sharing with authorities is often permissible for reporting purposes.
- **Privacy**: Evaluate if any privacy rights were violated.
Would you like more information on how to address this legally?
what would be the report of concern?
Hi Hannah,
In North Carolina, a "report of concern" to the police would typically involve:
- **Suspected Criminal Activity**: Reporting possible illegal actions.
- **Child Welfare Concerns**: If someone believes a child is at risk.
- **Public Safety**: Concerns affecting community safety.
Would you like information on nearby legal aid services?
what if they claim that you never had a child would that be enough for them to be able to send it to law-enforcement?
Hi Hannah,
In North Carolina, simply claiming that you never had a child is not enough for someone to send it to law enforcement. Authorities typically require more substantial evidence to act. Here are key points:
- **Evidence Requirement**: Law enforcement needs concrete evidence to investigate.
- **False Claims**: Making false reports to authorities can have legal consequences.
Would you like more information on nearby legal aid services?
if that person is claiming that previously, I use pictures of their child to try to pass off his mind. Would that be enough evidence to investigate if I showed my child on my live stream
Hi Hannah,
In North Carolina, if someone claims you used pictures of their child to pass off as your own, authorities would need substantial evidence to investigate. Here are key points:
- **Evidence Requirement**: Claims alone are not enough; concrete proof like IP address, device metadata is needed.
- **Investigation**: Authorities will look into the authenticity of the claims.
Would you like information on nearby legal aid services?
if there is an investigation going on about that allegedly and then they took a screenshot of my live stream and gave it to the police department. Is that acceptable?
Hi Hannah,
In North Carolina, sharing a screenshot of your live stream with the police is typically acceptable if it is part of an ongoing investigation. Here are some key points:
- **Evidence Collection**: Screenshots can be used as part of evidence.
- **Legal Investigation**: Authorities may use such evidence to further investigate the claims.
Would you like more information on nearby legal aid services?
and if you’re being investigated for allegedly posting pictures of a child in the past, that wasn’t yours and then you get on a live stream and your travel in it that’s actually your child would affect the ongoing investigation
Hi Hannah,
Thanks for your patience. In North Carolina, if you're being investigated for allegedly posting pictures of a child that wasn't yours, and you then show your actual child on a live stream, it could impact the investigation. Here are key points:
- **Evidence Relevance**: Showing your actual child could be used to verify or refute the allegations.
- **Ongoing Investigation**: Authorities may consider this new evidence in their investigation.
Would you like more information on how to legally address this situation?
what if there’s no record of my child’s birth or death? what can they do if I show them on a live stream?
Hi Hannah,
Thank you for your patience. In North Carolina, the absence of birth or death records for your child could complicate matters, but authorities may still consider live stream evidence. Here are some key points:
- **Evidence Collection**: Live stream videos can be used as part of the evidence.
- **Verification**: Authorities may seek additional proof to verify the child's identity.
Would you like information on nearby legal aid services?
evidence for what
Hi Hannah,
In North Carolina, authorities may collect evidence to investigate claims related to the identity and welfare of a child. Here are some key points:
- **Verification**: They need to verify the child's identity and circumstances.
- **Legal Compliance**: Ensure no laws are broken, such as privacy or fraud.
Would you like information on nearby legal aid services?
what is meant by fraud
Hi Hannah,
Fraud generally refers to intentionally deceiving someone to gain an unfair or unlawful advantage. Here are the key points:
- **Intentional Deception**: Deliberate false statements or actions.
- **Unlawful Gain**: Aiming to gain something of value through deception.
- **Harm**: Causing harm or loss to another party.
Would you like more specific information about fraud laws in North Carolina?
if someone jokingly calls my child, their daughter and she’s not their daughter is that a problem
Hi Hannah,
In North Carolina, simply jokingly calling your child "their daughter" is generally not a legal problem unless it causes harm or confusion. Here are some key points:
- **Harmless Joke**: If it’s clearly a joke and no harm is done, it’s usually not an issue.
- **Defamation**: If the joke causes harm to your reputation or your child's, it could be a different matter.
Would you like more information on how to handle this situation legally?
if someone post on social media direct at me with the caption that says, “Im never going to stop until i know shes charged or locked up. ????????‍♀️”
Hi Hannah,
In North Carolina, a social media post like that could be considered harassment or a threat. Here are some key points:
- **Harassment**: Repeated unwanted communication or threats can be deemed harassment.
- **Legal Action**: You may be able to seek a restraining order or file a police report.
Would you like more information on nearby legal aid services?
if there was an ongoing investigation about you allegedly posting pictures of a child that is not yours and claiming that they’re yours, how long will it take before charges and what would be needed to even press charges?
Hi Hannah,
In North Carolina, the time it takes before charges are filed in such cases can vary based on the investigation's complexity. Here are key points:
- **Investigation Duration**: It can take weeks to months.
- **Evidence Needed**: Authorities need substantial evidence like IP addresses, device metadata, and account history.
Would you like more information on nearby legal aid services?
how would they get that evidence?
Hi Hannah,
Thank you for your patience. In North Carolina, authorities can gather evidence through several methods:
- **IP Address Tracking**: Identifying the location of the device used.
- **Subpoenas**: Legal orders to obtain records from social media platforms.
- **Forensic Analysis**: Examining devices for metadata and account activity.
Would you like more information on nearby legal aid services?
is it hard to get a subpoena for records of your social media
Hi Hannah,
In North Carolina, obtaining a subpoena for social media records can be straightforward if there is enough probable cause. Here are key points:
- **Probable Cause**: Authorities must show that the information is relevant to the investigation.
- **Legal Process**: A judge must approve the subpoena request.
Would you like more information on nearby legal aid services?
what would be considered probable cause a screenshot
Hi Hannah,
In North Carolina, a screenshot alone may not be sufficient for probable cause. Authorities usually need additional evidence to justify a subpoena. Here are key points:
- **Additional Evidence**: IP address, device metadata, account history.
- **Context**: The screenshot must be part of a broader context indicating illegal activity.
Would you like information on nearby legal aid services?
how accurate is Facebook when it tells you where your account was signed in from as far as the town and state
Hi Hannah,
Facebook's accuracy in identifying the town and state of your account login can vary. Here are some key points:
- **IP Address**: Facebook uses your IP address to determine your location, which can sometimes be imprecise.
- **Device Location**: Accuracy depends on your device's settings and the available data.
- **Proxies/VPNs**: Using these can distort the location information.
Would you like more information on how to protect your online privacy?
if someone claims not have access to your social media, but you get a login alert from the town and state they live in. Is that accurate?
Hi Hannah,
In North Carolina, if you receive a login alert from the town and state where someone lives, it could be accurate, but it's not definitive proof they accessed your account. Here are some considerations:
- **IP Address**: The alert is based on IP address, which can be shared or masked.
- **Device Sharing**: Multiple users on the same network can trigger similar alerts.
Would you like more information on how to secure your social media accounts?