E-Discovery For Social Media In India

Social media websites are no more mere social platforms but they are also rich source of digital evidence. Social media websites are increasingly used for proving or disproving facts in many court cases these days. In many cases, social media websites provided the sole and conclusive evidence. Any good law firm would keep this aspect in mind while providing litigation, consultancy and other similar services.

However, digital evidence is neither easy to acquire nor simple to prove in a court of law. There are very few law firms in the world that possess the necessary expertise in this regard. For instance, electronic discovery of evidence and cyber forensics analysis are still areas far beyond the competence and knowledge of a majority of law firms in the world.

Electronic discovery in India is going to play a major role in future litigations. E-discovery services in India would also be required because Indian judiciary has already started exploring the use of technology for judicial purposes. Use of ICT for judicial and legal reforms in India is well recognised and establishment of e-courts in India could bring many far reaching legal and judicial reforms in India.

Indian judiciary is exploring the concepts like e-courts in India, digital evidencing in India, etc. Further, bail orders would now be sent through e-mails in India and an electronic bail granting and communication system in India may also be established. Electronic legal notices in India are also in use. Even cyber forensics in India is being explored for it possible use in legal and judicial purposes.

The cyber law of India also provides for social media due diligence in India. Social media websites are now required to follow the guidelines and requirements as mentioned in the information technology act 2000 (IT Act 2000). If social media websites fail to achieve cyber law due diligence, many civil and criminal liabilities are attracted.

All these circumstances have made e-discovery for social media in India an essential requirement. E-discovery for social media in India may be required to prove online defamatory or hateful contents. Similarly, such e-discovery may also be required to investigate a cyber crime that has been committed using a particular social media platform. Since e-discovery requires a sound knowledge of both technology and law, it is advisable to start acquiring the same as soon as possible.