A Concise Examination of the Legal Profession in the Context of Social Media

  • Aarti Sanjay Salunkhe
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  • Aarti Sanjay Salunkhe

    Principal at Subhash Desai Law College, Kandivali (East), Mumbai, India

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Abstract

The advent of social media has transformed the landscape of communication and interaction in the digital era. Its widespread adoption has turned social media platforms into significant repositories of potential evidence within the legal realm. This article delves into the impact of social media on the legal domain and the legal profession, encompassing aspects such as the law of evidence. Additionally, it scrutinizes the challenges and opportunities that social media presents to legal practitioners. The exponential surge in social media usage has broadened the horizons of electronic evidence available in legal disputes. Social media content, comprising posts, messages, photos, videos, and comments, can play a pivotal role as evidence in a range of legal cases, spanning from civil disputes to criminal investigations. However, the authentication of social media evidence poses a considerable challenge, given its susceptibility to manipulation, fabrication, or deletion. Furthermore, the utilization of social media evidence gives rise to privacy concerns, prompting courts to balance the imperative for relevant evidence with the safeguarding of individuals' privacy rights. Introducing social media evidence often involves navigating the intricacies of the hearsay rule, a task made complex by the prevalence of out-of-court statements on these platforms. Preserving social media evidence is imperative to prevent spoliation and uphold data integrity. Legal professionals are tasked with educating their clients about the obligation to safeguard social media content when litigation is anticipated or initiated. Social media investigations have become an integral component of the pre-trial process, empowering lawyers to gather information about opposing parties, witnesses, or jurors. However, ethical considerations and adherence to rules of professional conduct are crucial to maintaining the integrity of such investigations.

Type

Research Paper

Information

International Journal of Legal Science and Innovation, Volume 6, Issue 4, Page 590 - 599

DOI: https://doij.org/10.10000/IJLSI.112150

Creative Commons

This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.

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