Future of WorkSocial Media and Cyber LawsTechnology Law / Cyber Law

Role of Social Media in Litigation

This article from Mr. Rodney D. Ryder is first in our series which outlines the role social media plays in litigation in contemporary times.

Due to increasing technology and India getting digitalized in every department, social media as part of this technology is helping a lot in this step towards digitalization. In this article, we will discuss the role of social media in the field of litigation. But before that let me tell you the definition of Social media. Social media- it includes internet or cellular phones based applications, websites, and tools to share information among people.[1] Nowadays social media touches billions of users even Facebook alone has 2 billion users.

Taking this fact of the growing use of social media its effect is seen in litigation purposes. Although in India this concept is at grass root level but due to the growing Cyber laws role of social media in litigation will come into play.

Any litigation involves the collection of data, including electronically stored information. Civil procedure Code order 5 rule 1 defines summons and order 5 rule 9 sub-rule 3 makes the use of electronic mails and messages for service of summons legal.

Core challenges For Social media Evidence Collection:

According to X1 Discovery[2] (providers of next-generation eDiscovery for social media, cloud and the enterprise), social media investigations and evidence collection face these following challenges.

  • Scale: Data captured from screen captures can be wholly inadequate.

You have to search, filter and manage up to millions of social media items from disparate sources in a single case.

  • Authentication:  You face numerous legal challenges in reported case laws. Also, No computer investigation workflow is previously supported.
  • Alteration and Dynamic Content: Social media content can be altered.

These challenges can be dealt with by a person who is an expert in both technology and law. In this paper, we will see how litigation is helped by social media and how in different cases and scenarios the social media has played a role in solving the cases.

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