Social Media as Evidence


With hundreds of millions of users worldwide, the social media revolution has arrived. Generally, social networks such as Facebook, Twitter and LinkedIn allow their members to share information to enable interpersonal communication through online systems. Social media users share various content, including pictures, videos, messages, names of friends and business contacts, political causes and leisurely activities. Users exchange information about their personal and professional lives, post commentary about what they are doing or thinking and can even post their current location using GPS technology. However, these communications might later turn into potentially relevant evidence in court proceedings, such as incriminating photos or frank admissions.

Skilled attorneys are aware of the vast pool of potential evidence that social media may offer at trial. If you are a party to a lawsuit, expect a lawyer to be scanning your social media profiles for anything that might undermine your credibility. As part of their research of businesses or organizations, attorneys will regularly examine official social media sites, and those of their key individuals, for potentially damaging evidence.

The landscape of such electronic evidence is continuing to take shape, and courts are interpreting how to deal with certain issues that may arise when social media evidence is offered at trial.

As such, we encourage our clients to be mindful of the material that they publish online, including posts on social media networks. We also recommend regularly reviewing the privacy settings on your accounts, so that you may actively choose the scope of your social media audience.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Peter J. Gregory, McConville, Considine, Cooman & Morin, PC | Attorney Advertising

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Peter J. Gregory
McConville, Considine, Cooman & Morin, PC

McConville Considine Cooman & Morin, P.C. is a full service law firm based in Rochester, New York... View Profile »

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