How is the authenticity of a page on a social network proven in court? After all, another person can run the page on my behalf?

How is the authenticity of a page on a social network proven in court? After all, another person can run the page on my behalf?

The Real Story of Paris Hilton | This Is Paris Official Documentary

Previous questionWhy is the “6 frames” program called that way?
Next questionWhat is a backend?

answers (2)

Answer 1
June, 2021

If we talk about the consideration of civil cases in courts, the main difference is that the parties do not have the authority to seize equipment from each other and access to it. Therefore, when considering civil cases, other mechanisms and tools are used.

Usually in the courts there is always a question about the ownership of the country in the social. networks where the subject of the dispute is the protection of honor and dignity, the conclusion of an agreement on the Internet, etc. This requirement is established by law, namely Art. 71 of the Code of Civil Procedure and Art. 75 APC: "documents and materials made in the form of a digital, graphic record or in any other way that makes it possible to establish the authenticity of the document."

In addition to the invariability of the content of the page presented to the court, the "Reliability" also includes a requirement determination of the person who created a certain record, sent the message and the page belonging to him.

Therefore, when a party indicates to the court that a certain action, which is the subject of a dispute, was committed by the other party from its page in social. network, then the following actions are possible to establish the ownership of the page:

1) File a motion with the court to examine evidence located on the Internet (Article 58 of the Code of Civil Procedure). Here the court establishes the content of the page, and can also determine the ownership of this page (usually a specialist or expert is involved for this, who can determine the ownership of the page);

2) If the issue of ownership is unclear, the party may ask the court to claim evidence from the administration of social services. network or provider, i.e. request information about IP, place of access to the Internet, etc.

It is also possible to conduct a pre-trial examination of the page by a notary, which can also involve experts or specialists (Article 102 of the Fundamentals of Legislation on Notaries). It is important to remember that if a party recognizes that the page belongs to her, and even more so that the disputed information is posted to her, then all this will have to be proven.

Answer 2
June, 2021

Law enforcement authorities confiscate all equipment (computer, tablet, cell phone, etc.) from the suspect. After that, this technique is transferred for examination. And these same experts establish a connection between the suspect's computer equipment and a social page. It will be enough to establish the fact that this page was accessed from this technique. This is for criminal (administrative) cases. All.

Now civil cases. As my colleague Mr. R. Zolotukhin has already pointed out, in civil disputes one has to rely either on the assistance of a court or a notary. At the same time, you can try to initiate a criminal case, within which to gain access to evidence.

In principle, the issue of evidence of electronic documents can be considered more broadly. There is an article about this in the latest magazine "Company Lawyer", I have no right to publish it in full, I will cite only small fragments (I strongly advise you to read the entire article):

How to give legal force to e-mails. The exchange of emails must be stipulated in the contract. The courts recognize electronic correspondence as evidence if it is possible to reliably establish from whom the message originated and to whom it was addressed (clause 65 of the Resolution of the Plenum of the RF Armed Forces of 23.06.15 No. 25). At the same time, the courts presume that sending a message from the e-mail address specified in the contract testifies to the commission of actions by the person himself, until the opposite is proven (see the resolution of the First AAC of 10/14/16 in case No. A79-11920 / 2015, etc.).

Will the court accept the correspondence, if the parties have not provided for its use. In judicial practice, there are two opposite positions, so a lawyer can use any of the existing approaches, depending on whose interests he represents. Some courts do not accept links to electronic correspondence if the parties to the contract have not agreed on its use and the other party disputes its receipt. The reason - it is impossible to check whether the e-mail really belongs to the other party and whether the authorized person was in correspondence (Resolution of the AU of the Moscow District of 01/19/15 in case No. A40-173561 / 13).

Other courts believe that the use of e-mail is in any case permissible. In doing so, they often rely on the resolution of the Presidium of the Supreme Arbitration Court of the Russian Federation dated 12.11.13 No. 18002/12. The position was formulated in the antimonopoly case, but the courts began to refer to it in private law disputes (decisions of the Moscow District Administrative Court of 08.24.15 in case No. 2014).

How courts assess SMS and messenger correspondence. The courts analyze such correspondence taking into account other circumstances of the case. It can be used as an additional argument to confirm the fulfillment or violation of obligations.

For example, the link to the Skype correspondence allowed the client to recover from the forwarder the cost of the cargo lost through his fault. The freight forwarder considered that the application form for transportation was not followed, the cargo was not halfchen. The court indicated that the parties agreed on all the conditions via Skype (date and time of vehicle delivery, driver's full name, etc.) and the sending of a written application was not mandatory. The receipt of the cargo by the driver, agreed by Skype, is confirmed by the consignment note (Resolution of the CA of the Ural District of 05/04/16 on case No. А50-6436 / 2015).

Difficulties arise when it is impossible to confirm with whom the correspondence was actually conducted. Thus, the court refused to admit Viber correspondence to the case, stating that it did not allow identifying the parties and correlating them with the participants in the process (Resolution of the Seventeenth AAC of January 12, 17 in case No. A50-10643 / 2016). Generally, proving a mobile phone is more difficult than proving a mobile phone.

Are there mandatory requirements for notarizing electronic evidence? There are two positions in judicial practice. Some courts believe that electronic evidence must be certified by a notary and refuse to accept printouts certified by representatives. Thus, in one case, the court indicated that the screenshots were not certified by a notary, and were taken without the involvement of independent specialists, which does not exclude their independent production by the defendant (Resolution of the Ural District Administrative Court of 01/17/17 in case No.

There is also an opposite position. For example, the court rejected the party's link to the e-mail because it was not verified. The cassation decided that such a conclusion without reference to specific provisions of the law was not substantiated (resolution of the CA of the Moscow District of 08.24.15 in case No. A40-75626 / 14). There are cases when the courts accept electronic correspondence that is not certified by a notary, despite the objections of the other party (Resolution of the Ural District CA of July 28, 2016 in case No. A60-53748 / 2015, etc.).

How can you present evidence in court. There are four main ways: to certify with a notary, to certify by the signature of a representative, to request an examination or request for electronic evidence by the court (if it is impossible to obtain it on your own for some reason).

Related question

Can the media publish my photo taken from my personal page on a social network without my consent?

Read more

What can you find out, what can his page on the social network say about a person?

Read more

What are the advantages of creating a website for a business if the pages on social networks in general have all the necessary functionality?

Read more

Chris Chan: A Comprehensive History - Part 40

Is there a social network, public pages, chats on the Internet where you can find a person and just share your sorrows and experiences and listen to him?

Read more

How does the court determine that your profile on social media? networks belong to you and do you use it? (as in articles for extremism)

Read more

What portrait of a person (detailed) will you formulate after examining only my page in VK (this is not PR)?

Read more

Can my USE results be canceled if my photos with cheat sheets before or after the exam are seen on social networks?

Read more

What is the fashion for minimalism in all social networks?

Read more

BJP IT Cell Insider Interview with Dhruv Rathee

If I went to another person's VK page through the browser without logging into my account, can this person find out about it?

While from the same device I was online through the application.

Read more

What can you learn about a person from likes on social networks?

Read more

Is it possible to find a soul mate on social networks, and how to recognize that it is “your” person?

Read more

How to help a person who has been hounded on social networks?

Read more

How can you replace your stay in social networks if all the work has already been done for today?

Read more

I-130 - How To Prove Your Marriage Is Real To Immigration

Why is it so difficult to communicate in real life with a person with whom you can easily communicate on social networks?

Read more

The man closed his private messages on Facebook. In other social networks, it is not. How can I contact him?

Read more

How can you seriously shit on a troll on social networks in return so that he stops pouring slop on me in the comments?

Read more

How (besides advertising) do the owners of social networks make money from them if visiting social networks is free?

Read more

How to understand that a person is deliberately ignoring me in social networks, and not just busy?

Read more

Copyright Instagram Photos - Stop Them from STEALING Your Photos!!!

If a page on a social network is hacked and any illegal information such as offending the feelings of believers is published from it, will it be possible to prove your innocence?

Read more

Advise a social network where you can share problems, or, on the contrary, listen to someone?

Read more