Separate names with a comma.
Join 11,000+ Australians. Ask a question, respond to a question and better understand the law today!
Discussion in 'Other/General Law Forum' started by Stephen P, 6 May 2014.
Facebook posts be accepted as
evidence in court?
Evidence Acts and other Evidence Acts that operate in States (e.g. Queensland) that don't use the Uniform Evidence Act conditionally allows
Facebook posts and other
social media information, as documents, to be relied on as evidence.
You may review the following presentations for further information:
Social Media in Tribunal Proceedings Presentation for the Tribunal of Tomorrow by Robert Bromwich SC (2012)
E-Discovery and FOI by Seamus Byrne for the National Archives of Australia (2011)
What is the specific issue? (this isn't a homework forum)
You may also check these articles which I also found interesting:
Not only can
social media content be used as
but deleting content, changing privacy/ visibility settings,
blocking users, or tampering with hardware
to confound access to them could (subject to many ifs and buts) be an offence.
Facebook... Can old
school Yahoo Messenger, MSN Messenger, Yahoo Mail etc., can be used as
evidence in court?
Per earlier posts from @Tim W, etc., as a general rule, yes - other forms of electronic documents can be used as
evidence in court.
Thanks @ John R, that was so quick...Thank you very much...
I agree with JohnR.
All such material is potentially
My girlfriend's ex has hacked into her
Facebook messenger and was observing our life and private conversations for couple of months. He was also
stalking and harassed her with the information he got from the messenger and we had no choice and reported everything to the
He was formally issued with an
AVO for one year for doing this. Next month, there is a court hearing in regards to shared custody for their 5years old son and my girlfriend's ex attached with his
affidavit our conversations printed out of my girlfriend's messenger while he had access to it.
My question is, can such an
evidence be used by him in the court even if he got this illegally by breaking the law and is on current AVO for doing this? Can we appeal to the court under
privacy Act 1988?
If it has been acquired illegally, then the court is unlikely to admit it as
evidence, but in
family law cases, the usual rules of evidence don't apply. The court may accept it into evidence if it is deemed significant to the case, but this is not often the outcome. You can argue to have it struck out on grounds it was attained illegally.