SOCIAL NETWORKS AND PROVING: NEW DILEMMAS FOR A NEW AGE

Abstract

The development of social networks is one of the significant turning points in the short
history of the Internet. The human need to “see” and “be seen”, to project a good impression
of themselves in the virtual world, is embodied in sharing information, photos and recordings
about themselves, as well as about third parties. In the era of digital technologies, such
behavior entails specific legal consequences but, above all, it has a significant impact on the
transformation or (at least) adaptation of some conventional institutes, such as the burden
of proof. This paper focuses on the issues of obtaining, adducing and evaluating evidence
obtained from social networks in the course of civil procedure. The author analyzes the existing
legal provisions on this matter, in an attempt to provide answers to the questions: whether the
content found on social networks can be used as evidence in civil court proceedings, whether
its usage depends on the fact that the content is publicly available or “locked”; and whether
it implies the court-imposed duty to submit content from one’s own and/or another’s profile
as evidence. The relationship between privacy on the Internet, protection of personal
data, and the endeavor to accurately and comprehensively establish the factual grounds in
a particular lawsuit have been reflected in the long-standing dilemma related to the use of
evidence obtained in (il)legal ways.