Written by: Tasmia Franssman

Date: February 2025

The Impact of Social Media in Court Matters

Social media plays a significant role in modern society, influencing everything from personal relationships to legal disputes. What many people fail to realise is that content shared online can, and will, be used as evidence in court.

According to the Social Media Charter, content is considered “published” as soon as it is viewed by at least one other person. This means that any content posted on social media can carry the same legal consequences as if it were published in a newspaper, on a television broadcast, or on another public platform.

With the rise of digital communications, courts have increasingly recognised the impact of social media evidence in legal proceedings, ranging from defamation claims to custody battles and criminal matters.

What Does The Law Say About Social Media And Court Cases?

According to Section 16 of the Constitution, all individuals have the right to freedom of expression. However, it is important to note that this right is not absolute, and therefore, there are limitations. Three exclusions limit the right to freedom of expression, namely:

  • Propaganda for war
  • Incitement of imminent violence
  • Hate speech

The Cybercrimes Act 19 of 2020 established a few significant changes to South African law relating to cybersecurity by adding the following:

  • In terms of cyberbullying, the Act introduced laws that criminalise violence or threats of violence to an individual or their property, which may be sent through text messages or published on social media.
  • It also criminalises the nonconsensual publication of intimate pictures of an individual who is recognisable and connects a victim to such a picture through a data message.
  • The Act provides legal grounds for the prosecution of individuals who use social media for malicious purposes, including defamation, harassment, and intimidation.

How Can Social Media Be Used In Court?

Social media posts, messages, and images are frequently presented as evidence in both civil and criminal cases. Examples include:

  • Defamation cases: A post damaging someone’s reputation can serve as evidence of defamation.
  • Criminal proceedings: Threats of violence, intimidation, or harassment on social media can be used to prosecute offenders.
  • Family law disputes: To prove or disprove a parent’s fitness in custody battles and to support or challenge financial claims in divorce cases.
  • Employment disputes: Posts that violate company policies or reveal confidential information may be used in disciplinary proceedings.
  • Contradicting court testimonies: If a person claims financial hardship but posts extravagant purchases or holidays online, their credibility may be questioned.

Why Is It Important To Be Careful When Posting On Social Media?

During legal proceedings, it is crucial to ensure that your social media activity aligns with your statements in court. The court may use anything contradictory, misleading, or harmful against you. Key risks of careless social media use include:

  • Undermining your case: Your posts may contradict sworn statements.
  • Strengthening the opposing party’s argument: Published content can serve as direct evidence against you.
  • Violating court orders: Sharing details of ongoing legal disputes may breach confidentiality agreements or court orders.
  • Potential criminal liability: If a post threatens, harasses, or defames another person, it can result in criminal charges.

How Can You Avoid Social Media Being Used Against You In Court?

To protect yourself legally, consider the following guidelines:

  • Social media should not be used in a manner that incites violence, spreads propaganda, or shares hate speech.
  • Content published on social media should not be incriminating; remember that even if you delete a post, screenshots can still be used as evidence.
  • Personal information, especially relating to the court matter, should not be published on social media. Keep personal matters off social media and avoid discussing legal disputes, court cases, or confidential matters online.
  • Don’t post anything about another person that could be considered defamatory.
  • Do not partake in online activities that could be considered cyberbullying.
  • Adjust your privacy settings. Limit who can view your content to trusted individuals.
  • Think before you post! If you would not say it in court, do not post it online.

Social media has become a powerful tool that can impact the outcome of legal matters. Whether you are involved in a civil lawsuit, divorce, custody dispute, or criminal case, your online activity can and will be used against you if it contradicts your legal position.

If you need legal advice on how to protect yourself from social media-related legal risks, contact Burger Huyser Attorneys today. Our experienced legal professionals can help you navigate the legal complexities surrounding digital evidence and court matters. Get in touch with us today to protect your rights!

Contact Burger Huyser Attorneys, and book a consultation.

To speak to one of our experienced attorneys in South Africa for immediate assistance, contact us on the numbers below:

Randburg call 061 516 6878; Roodepoort call 061 516 0091; Sandton call 064 555 3358;  Pretoria call 064 548 4838;

Centurion call 061 516 7117; Alberton call 061 515 4699; Bedfordview call 061 536 3223

DISCLAIMER: Information provided in this article does not, and is not intended to constitute legal advice. READ MORE