How your digital footprint can be used as court evidence
South Africans are being warned that what they share, send or record on digital platforms can and is being used as evidence in court. This can include your private WhatsApp chats, social media rants an even fitness app data.
The warning comes after growing legal commentary, highlighting how courts are increasingly admitting social media content and app-generated data in both civil and criminal cases. The reality is that most communication now happens online, and the law has adapted accordingly.
In simple terms, “online” does not mean informal and deleting something does not mean it disappears forever.
Below is a breakdown of common platforms and what courts are likely to accept as evidence.
What courts may use
- Messages and group chats
- Voice notes
- Photos and videos
- Timestamps and message histories
Why it matters
WhatsApp messages can show intent, agreements, threats or planning. Courts are less interested in one‑line screenshots and more in full conversations that show context. So if you sent it, and it can be reliably linked to you, it may count.
What courts may use
- Posts and comments
- Private messages
- Photos and videos
- Profile and account information
Why it matters
Facebook content can show relationships, public statements or where someone was at a certain time.
Public posts are easy evidence — but private messages can also be used if lawfully obtained.
What courts may use
- Direct messages (DMs)
- Posts, Stories and Reels
- Upload times and basic metadata
Why it matters
Even content that disappears, like Stories, can still be evidence if it was saved or recovered so your ‘temporary’ online content is often not temporary at all.
TikTok
What courts may use
- Public videos
- Captions and hashtags
- Posting dates and interactions
Why it matters
Videos may show behaviour, admissions or where someone was. Claims that content was “just a joke” or for entertainment may be challenged. If you post it publicly, expect it to be treated seriously.
Strava and fitness apps
What courts may use
- GPS routes
- Activity times and distances
- Location data
Why it matters
Fitness data is automatically recorded, making it powerful for placing someone at a specific location or time. Your run or cycle log can contradict an alibi.
What do courts look for?
Courts don’t accept digital evidence just because it exists. Judges ask:
Is it relevant? Does it actually matter to the case? Is it real? Can it be linked to a specific person or device? Is it complete? Has it been edited or taken out of context? Was it obtained legally? Privacy laws still apply.
Screenshots alone are increasingly viewed with caution. Courts prefer original data taken directly from devices or obtained through formal legal processes.
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