Best of Johannesburg
From Likes to Lawsuits: How Your Social Media Posts Can Be Used in Court in South Africa
Your social media feed might feel personal, but in 2025, it’s also potential legal evidence. Across South Africa, judges and lawyers are scrolling through TikTok clips, Instagram posts, and Facebook comments as part of real cases, from defamation and harassment to divorce and workplace disputes.
Let’s unpack how something as simple as a post or story can find its way into the courtroom and what you can do to stay on the right side of the law.
Why Social Media Counts as Evidence
South African law, through the Electronic Communications and Transactions Act (ECTA), recognises digital data as valid evidence. This means social media posts are treated like any other document or recording, provided they are relevant, authentic, and reliable.
Once a post is seen by someone else, it’s legally considered “published.” Even if deleted, it can still be retrieved through court orders, subpoenas, or data preservation requests sent to social media platforms.
So, while you might think deleting that rant or reel clears your record, it often just hides it temporarily.
What Courts Look For
Relevance
The post must relate directly to the facts of a case. For example, a photo showing a person’s location during a crime could prove or disprove an alibi.
Authenticity
The evidence must be genuine. Courts rely on metadata, device records, and sometimes expert verification to prove a post hasn’t been edited or faked.
Reliability
Screenshots alone aren’t always enough. Judges prefer the original files or confirmed data from the platform to ensure accuracy.
Privacy vs justice
Courts balance the right to privacy (protected under the Constitution and POPIA) with the need for fair evidence. Illegally obtained content can be excluded.
Where It’s Happening Most in 2025
Defamation and harassment
South African courts have become firm on digital defamation. In 2025, a judge ordered the removal of defamatory TikTok and Facebook posts and issued an interdict against further content. Another ruling confirmed that failing to untag yourself from a defamatory post could still make you liable.
Criminal cases
Law enforcement often uses social media to track suspects or verify statements. A threatening post or incriminating video can be key evidence under the Cybercrimes Act.
Family and custody matters
Parents’ posts about their children, ex-partners, or ongoing cases have been used to show poor judgement or lack of respect for court orders.
Employment disputes
From offensive tweets to photos taken during “sick leave,” social media has become a common factor in disciplinary hearings.
How Evidence Is Retrieved
Platforms such as TikTok, X (formerly Twitter), Facebook, and Instagram are required to cooperate with lawful South African court orders.
Authorities or legal teams can access:
-
Deleted or private content via subpoenas
-
Archived posts through platform data requests
-
Metadata showing who posted, when, and where
-
Expert testimony linking devices or accounts to posts
Once preserved, that data can be submitted in court just like emails or documents.
The Deepfake and AI Challenge
As generative AI tools become widespread, courts are tightening verification standards. Legal experts warn that fake videos and altered posts pose serious risks to justice.
To counter this, digital forensics specialists are increasingly called to verify files, device histories, and algorithmic fingerprints. The Department of Justice is reviewing updates to ECTA and the Cybercrimes Act to strengthen digital authentication rules.
How to Stay Safe Online
-
Think before you post: Assume anything public can become evidence.
-
Don’t comment on legal matters: even innocent remarks can be used against you.
-
Remember, deletion isn’t destruction: screenshots and backups last.
-
Use privacy settings wisely: Limit visibility to trusted circles.
-
Ask for legal advice if unsure, especially during active disputes.
A South African Reality Check
In the age of screenshots and viral videos, your online identity is part of your legal footprint. Whether you’re in Johannesburg, Durban, or Cape Town, social media posts now shape real-world outcomes.
The bottom line? Post with intention, respect others’ rights, and remember, what you share today could become tomorrow’s evidence.
Also read: Can South African Employers Really Check Your Social Media in 2025? What the Law Says
Follow Joburg ETC on Facebook, Twitter, TikT
For more News in Johannesburg, visit joburgetc.com
Featured Image: 2Civility
