Social media plays an increasingly important role in many aspects of life, including legal matters. Platforms like Facebook allow people to communicate in both public posts and private messages. Sometimes, these online interactions become relevant to lawsuits and criminal cases. An obvious question arises – can screenshots of Facebook messages be used as evidence in court?
The short answer is yes, Facebook screenshots can be admissible as evidence if they are relevant to the case and properly authenticated. However, there are some caveats and rules around using social media evidence in court. Continue reading to learn more about the use of Facebook screenshots as legal evidence.
Are Facebook Screenshots Admissible in Court?
In general, screenshots of Facebook messages, comments, and other content may be admissible in court as long as certain conditions are met:
Relevance
The first key requirement is that the Facebook screenshot must be relevant to prove or disprove a fact that is significant to the case. For example, if Person A is suing Person B for defamation over a post, the actual post would be relevant evidence. However, a random family photo Person B posted would likely not have relevance.
Authentication
The party submitting the Facebook screenshot as evidence must properly authenticate it by demonstrating it is what they claim it to be. This often requires testimony from a witness. For example, if Person A wants to present a Facebook message from Person B, Person A would need to testify they downloaded the message themselves, recognize the conversation, and confirm the screenshot is unaltered.
Hearsay Exceptions
Hearsay is an out-of-court statement used to prove the truth of the matter asserted. Facebook posts and messages often contain hearsay, so the submitting party needs to show the content falls under a hearsay exception. The opposing party can also object to hearsay within a Facebook screenshot.
Best Evidence Rule
Under the best evidence rule, a party should present original evidence when possible instead of a copy. With Facebook screenshots, the original is the data on Facebook’s servers. However, courts allow copies if meeting certain criteria. Still, a screenshot may not suffice if there is a genuine question about its authenticity compared to the original.
Probative vs. Prejudicial Value
Finally, the court will weigh the Facebook screenshot’s probative value against any unfair prejudice, confusion, or time waste it may cause. Even relevant evidence can be excluded if the judge deems it improper in their discretion.
Examples of Facebook Screenshots as Legal Evidence
While admissibility always depends on the specifics of each case, here are some examples of when Facebook screenshots have been allowed as evidence:
Defamation Lawsuits
Facebook posts, messages, and comments containing false statements that harm someone’s reputation may serve as key evidence in defamation cases. Screenshots can prove what the defamatory statements were and who made them. Placing defamation in writing can increase potential liability.
Divorce and Child Custody Cases
Facebook activities may be used as evidence of adultery, revealing parenting lapses, demonstrating knowledge of financial issues, communicating with a child, and other relevant facts. For example, a screenshot could show a parent badmouthing the other parent.
Domestic Violence and Restraining Order Cases
Abusive Facebook messages can help prove a pattern of violence or harassment against a victim. Even after a restraining order, continued contact via Facebook may result in criminal charges or contempt of court.
Employment Discrimination
In employment cases, Facebook communications may reveal discriminatory motives behind hiring, firing, promotions, or other employment actions. For instance, a supervisor making racist statements about an applicant could constitute evidence of discrimination.
Criminal Activity
Facebook has become a platform for evidence of many types of crimes – threats, drug dealing, financial fraud, child exploitation, and more. Messages coordinating or discussing illegal plans can serve as useful circumstantial evidence for prosecutors.
Laying the Foundation for Facebook Screenshots
In order for Facebook screenshots to be admissible, a proper foundation must be laid. The proponent of the evidence has the burden to establish its authenticity and relevance. Here are some best practices for offering Facebook screenshots as evidence in court:
Collect Information About the Facebook Account
Start by gathering key information about the Facebook profile and messages in question – account owner’s name, account handle, privacy settings, date/time of posts and messages, how you obtained the screenshots, etc.
Take Quality Screenshots
Your screenshots should capture the relevant portions of the Facebook page or messages clearly. Include elements showing context – account name, profile photo, timestamps, etc. Take screenshots from both computers and mobile devices if applicable.
Preserve the Evidence Properly
Store screenshots securely in a way that maintains proper chain of custody. Avoid alterations and only provide copies when necessary. Document all steps taken to collect and preserve the screenshots.
Interview Witnesses
Talk to anyone else who may have knowledge about the Facebook activities in question – people who saw the posts and messages, IT specialists, custodians of records, etc. Get certifications from Facebook if able.
Disclose the Evidence
Share the screenshots with opposing counsel during discovery along with details on when and how you obtained them. Authenticity is harder to challenge when the other side knows about the evidence early on.
Have a Witness Testify
A witness familiar with the Facebook activity should authenticate the screenshots during testimony at trial or hearings. Raise the evidence again when presenting arguments.
Challenging the Admissibility of Facebook Screenshots
While Facebook screenshots can serve as powerful evidence, opposing parties often contest their admissibility. Here are some ways to challenge questionable Facebook evidence:
Authenticity
Argue the party offering the screenshot has not properly authenticated it. For example, if they did not download the screenshot themselves, force them to prove its authenticity. Make them explain the chain of custody.
Hearsay
Raise hearsay objections tothe statements contained within Facebook posts and messages used to prove the truth. Argue they do not fall under any exceptions.
Alteration
Closely inspect the screenshot metadata for any signs of alteration, editing, or fabrication. Testify as to reasons the screenshot is untrustworthy.
Original Data
Argue under the best evidence rule that the screenshot is improper without the original Facebook data to corroborate it.
Undue Prejudice
Claim the Facebook screenshot may unfairly bias the jury or judge against your client, inflame emotions, or distract from the actual issues. Argue for exclusion.
Probative vs. Prejudicial Value
Similarly, contend any minimal probative value from the Facebook screenshot is far outweighed by the risk of undue prejudice if admitted.
Tips for Using Facebook Screenshots as Evidence
If you want to use Facebook screenshots as evidence in your case, keep these best practices in mind:
Start Collecting Evidence Early
Don’t wait until litigation begins. Start preserving relevant Facebook content when you anticipate or threaten litigation. Make sure your evidence gathering complies with law and platform policies.
Review Privacy Settings
Study the privacy settings on the account in question to anticipate authentication challenges around public vs. private content. You generally need consent for private messages.
Consider an Expert
A digital forensics expert can retrieve and authenticate Facebook data in a forensically sound manner. This can strengthen the reliability of your evidence presentation.
Craft a Solid Argument
Tie the Facebook screenshot into a compelling narrative about the facts of your case. Explain precisely how it helps prove or disprove claims according to applicable laws.
Watch for Changes
Facebook posts and messages can be edited or deleted. Take regular screenshots to account for subsequent changes by users.
Address Weaknesses
Bolster the screenshot evidence in anticipation of attacks on areas like authenticity, prejudice, and hearsay. Have counterarguments ready.
Follow Rules of Procedure
Carefully comply with all applicable evidence rules and court procedures for introducing exhibits. Typically, you need to disclose screenshots in discovery first.
Use Strategically
Decide if the upside of using a Facebook screenshot outweighs any downsides that could hurt your case. Some questionable evidence is best left out.
Conclusion
Facebook and other social media platforms provide a treasure trove of potential evidence for legal matters. Lawyers are increasingly using Facebook screenshots to prove important facts in both civil and criminal cases. However, properly collecting and presenting social media evidence requires following strict procedural rules.
Authenticating Facebook screenshots and overcoming hearsay objections can pose challenges. But with a strategic approach and reliable methodology, Facebook screenshots can serve as compelling evidence in court. Opposing parties will also scrutinize your Facebook evidence for any weakness that could undermine its admissibility.
While social media introduces new wrinkles, the fundamental evidentiary standards remain the same. Facebook screenshots that are relevant, authentic, and more probative than prejudicial can be persuasively used – if you lay the proper foundation. With social media’s growing legal impact, lawyers need to understand the nuanced rules around evidence from platforms like Facebook.