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.

Electronic Discovery (E-Discovery) In India

Electronic discovery (e-discovery) in India is an area that has started gaining importance in India. Although electronic discovery (e-discovery) services in India are primarily provided by LPO and KPO companies and firms in India yet very few companies and firms are doing it for Indian clients. This shows e-discovery in India has still to be adopted and accepted as an essential part of individual and corporate business dealings.

The reason for limited adoption and growth of e-discovery in India is lack of knowledge, expertise and appropriate laws in this regard. We have no dedicated e-discovery laws in India and e-discovery laws and practices in India have still to mature. Similarly, allied fields like cyber forensics, cyber security, etc have also not grown much.

This is the reason why e-discovery and litigation services LPO and KPO in India have not grown much. We have an exclusive techno legal digital evidencing and e-discovery centre of India managed by Perry4Law Techno Legal Base (PTLB). PTLB is managing many techno legal services in India including electronic discovery and litigation support services in India.

The cyber law of India has also given rise to many cyber laws due diligence liabilities in India. In fact, cyber due diligence for Indian companies is very stringent on various accounts like privacy protection, data protection, etc. If these cyber due diligence requirements are not met, these companies can be held civilly and criminally liable.

E-discovery is also relevant for law enforcement, lawyers and judiciary. Legal and judicial fraternity of India needs a temperament for scientific knowledge. This includes knowledge about cyber law, cyber forensics, digital evidencing and e-discovery.

E-discovery policy in India needs to be developed by India government. This has become necessary due to the proposed electronic delivery of services bill (EDS Bill) 2011 that mandates delivery of services in an electronic form. Electronic delivery or non delivery can be sufficiently proved with the help of e-discovery practices in India. Indian government must start thinking about developing e-discovery related policy and legal issues as soon as possible.