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Commercial Law Litigation Technology Media and Telecom

Admissibility of Evidence Obtained From Facebook

This article addresses the four major evidentiary hurdles ' relevance, authentication, hearsay, and best evidence ' that must be overcome to admit Facebook posts claimed to be posted by the owner, whether it be the profile page, or a posted message, photograph or video, when offered against the claimed owner.


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Facebook is an extremely popular form of social media. (“Social media” as a term is relatively new, dating back only to 2004, and is generally considered to be a defined form of electronic communication.) After registering to use the site, a user can create a profile, post status updates, photos or videos, and exchange messages with other users. These posts will frequently consist of intimate details of their personal lives. Through privacy controls, these posts can be viewed by anyone accessing the user’s site, or limited to the user’s friends.

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