Using social media as evidence in South African courts

Abstract

This dissertation examines the applicability of current rules of the Law of Evidence to social media evidence. It argues that the current Law of Evidence should be sufficient to render social media evidence admissible in South African courts of law, although it may be necessary to re-interpret certain requirements with reference to the electronic nature of social media evidence. It further argues that a strict application of the originality rule should not be followed, but that more emphasis should be laid on authenticating social media evidence. It also evaluates recent changes in legislation with specific reference to the Electronic Communications and Transactions Act 25 of 2002 and its applicability to social media evidence.