Nowadays, technology is deeply embedded in our lives, and as a result, digital evidence has become increasingly present in judicial proceedings. One of the most common scenarios is the submission or challenge of facts based on content published on social media, where it is necessary to establish the origin, authenticity, and integrity of such content.
Social networks are now part of everyday life. They have become one of the main means of interacting with our surroundings. However, their misuse can lead to the commission of crimes such as threats, insults, coercion, or identity theft.
Minors are especially vulnerable due to their lack of awareness. They often share personal information with strangers who may use it maliciously for criminal purposes.
It is quite common to see printed screenshots of social media posts presented as evidence in legal proceedings. However, this type of evidence is highly disputable because digital images can be altered. Simply printing a screenshot is not sufficient to prove its authenticity.
“The appeal notes that the only evidence presented regarding the alleged threats consisted of printed Twitter messages (‘screenshots’), allegedly posted from the profile ‘@despechado2’.”
“…the defendant consistently denied authorship, and there was no report addressing the origin, authenticity, or possible alteration of the messages or the profile.”
“The defendant denied sending the Instagram message and owning the account from which it was sent. No expert report was conducted to prove authorship, which resulted in the evidence being wrongly assessed and violated the presumption of innocence.”
“The court clerk’s verification only certified the content of the message, but did not prove that the account belonged to the defendant, nor that it was him who sent the message. An expert report or communication with the social media provider could have been used to clarify the facts.”
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