Can screenshots be used as evidence? (2024)

A screenshot is visual proof of something that occurred on a computer. In litigation, these images are now an essential form of evidence. With the increasing number of cases that are being filed, it is understood that there is a steady growth of evidence based on screenshots. It is a much more effective way to present what happened in the past when compared to the traditional paper documentation.

What is a screenshot?
A screenshot is a picture of what you see on your computer screen. It can be saved as PNG, JPEG images or other formats. They are often used to show what a website or computer screen looked like at a particular time when you were working with a piece of software, or to show people what something looked like online. Since they keep track of a past event, they can be used as evidence in a litigation process as well.

Problems that might require screenshots

There are numerous instances when screenshots could be used during a litigation process:

  1. They can be used in cases of copyright infringement or software piracy, disputes regarding the illegal use of a trademark or logo, and when a website is being used for phishing or fraud schemes.
  2. Some services offer running round the clock but sometimes fail to fulfill that promise. For example, if such a website is down and you grab the error message displayed on the page, it could be used as evidence that your own website was down at that point in time.
  3. Another problem that might require these images is false claims. Screenshots can also be used as proof that a customer has used a certain software as advertised by the manufacturer. If any of the parties is making a false claim, it can be verified easily.
  4. In the past, screenshots weren’t used in legal cases, but today everything is different. The need for screenshots has increased because of the number of cases that have been brought to court, especially in the e-commerce industry and many others.

For example, some manufacturers would not want e-commerce stores to sell their products below or above a certain price. To ensure total adherence, the manufacturers can monitor the prices displayed on the products’ listing pages via screenshots. This is very handy because, if they can file a lawsuit against the defiant of a bridge of contract, they can easily present visual evidence to a court during a litigation process.

Legal requirements to take screenshots for litigation

Even though it might seem unusual, screenshots are admissible evidence. Yes, you can use them as legal proof, but you can't just present them and expect everything to be okay. Time and date matter a lot in a litigation process.

Also, an attorney may request to see the source code used to capture the images, and will probably want to see the original code from the server—not just the results. It's also critical that the images you provide are the originals.

How to capture a screenshot?

Manual approach

  1. Keyboard shortcut - Capturing manual screenshots is very simple. On a Windows PC, you can press the Print Screen (or PrtScn) key located in the upper right corner of your keyboard. On Mac, combining the keys Shift + ⌘ + 3 will generate the image of the current window. This is especially handy when you need just a few pictures and the capturing has to be done in a less frequent interval.
  2. GoFullPage - With 4M+ users and 55k+ reviews on the Google Chrome Webstore, it only echoes why capturing the images of some web pages is extremely important, especially when it comes to litigation purposes. This browser extension gets the job done in the blink of an eye and you end up with a nice-looking image sitting on your device. The good thing about this software is that it captures the entire browser window—you can crop the image afterward to show only the desired sections if you want to. There are many other similar tools such as Scrnli, Screen Capture, etc. but for the most part, they all share the same glory and shame 😁.

Limitations of manual captures

Repetitive - Generally speaking, when taking the manual route, the process quickly becomes infeasible and tedious when many pages need to be captured. This method also denies one the benefits of automatic, flexible captures and scheduling.

Data loss - As easy as it is to capture screenshots manually, it’s just as easy for them to vanish into thin air due to PC failure such as crashed disks, malware, system hijacking, etc. The occurrence is grossly unfathomable and poses a serious risk to the files being stored on the local machine. One way to mitigate this would be to upload the files to cloud storage services, but once again, you are running in circles within the boundaries of ‘repetitive’ tasks.

Cluttered files - If you manage to get the screenshot files to stay on your computer for a longer period of time, that in itself poses another challenge that might end up rendering the screenshots hard to manage. Because the process is manual, you won’t always have the time to name the files intuitively and it becomes hard to tell what file belongs to what category. Not to mention the fact that the files can sometimes be stored in locations that might be hard to recall.

Automated (and keep track over time)

Using an automated web capturing and archiving tool like Stillio will save you from stress, wasted time, and cluttered image files on your device. Stillio ensures and guarantees screenshots’ accessibility in a matter of a split second.

In a few clicks, all the grunt work will be taken care of for you, so you can focus on doing other productive tasks. What does auto-pilot mean to you? 🚀

When using a service that automates this process, like Stillio, the files are hosted on cloud platforms without having to worry about crashed disks or any form of attack on your local device.

You also have the option of storing the files on other cloud storage platforms such as Google Drive, Dropbox, etc. just to be sure that your screenshots are always safe. Syncing the files to a cloud platform is an enormous advantage, because you always have your evidence intact—no matter how long it takes before they are being demanded by a court.

The best time to plant a tree was yesterday, so don’t be caught unaware and end up shivering before an attorney while watching your fortune get swept away.

Conclusion

Screenshots are necessary for businesses in the litigation process. They can help a company prove their case with evidence that can save a lot of money and reputation. In our highly competitive business ecosystem today, one can never tell when a lawsuit will be filed against them, so starting to keep a record of these screenshots is the best thing to do (even though it may seem unimportant at the time!)

Can screenshots be used as evidence? (2024)

FAQs

Can screenshots be used as evidence? ›

There are numerous instances when screenshots could be used during a litigation process: They can be used in cases of copyright infringement or software piracy, disputes regarding the illegal use of a trademark or logo, and when a website is being used for phishing or fraud schemes.

Why are screenshots not admissible in court? ›

Litigants must also prove who sent the message, when they sent it, and verify its authenticity. In most cases, screenshots will not be enough to achieve this result, primarily because they can be altered or wholly created using digital editing tools.

Can screen recordings be used in court? ›

Is video evidence enough to convict the defendant? As long as the evidence is admissible in court and provides incriminating proof, the answer is generally “yes”. However, it must provide answers to several questions, including the identity of the person on the tape and what crime has been committed.

How do you present a screenshot in court? ›

When taking the screenshot, you want to show the court that it's all part of one conversation. Take your first screenshot, and then move the text only halfway so the bottom half of the first screenshot is now the top half of your second screenshot. Repeat this until you capture the entire conversation.

Is Screenshotting against the law? ›

Is screenshotting pictures illegal? No, screenshotting images is not illegal. However, how you use that screenshot could be illegal. If you use, publish, or share copyrighted images without the rights or licenses to that content, you're infringing on the owner's copyright and could face legal repercussions.

Are text messages enough evidence to convict? ›

There may be cases in which text messages are admissible as hearsay evidence, but it will depend on the individual facts of each case. Text messaging leaves an electronic record of dialogue that can be entered as evidence in court.

Does ever accountable take screenshots? ›

We take random, periodic screenshots throughout the day at unknown times of the User's device screen.

Can a secretly recorded conversation be used as evidence? ›

You can use recorded conversations as evidence in court as long as that evidence wasn't obtained illegally. By law, a search warrant is required to record conversations secretly.

Which elements determine whether a court will admit a video into evidence? ›

To be accepted as evidence, video must be relevant

Relevance is the first and most important test a court will apply in deciding whether to allow a video to be used as evidence. If a video is not relevant, it will not be admitted as evidence.

Can screenshots of Facebook messages be used in court? ›

SC: Photos, Messages from Facebook Messenger obtained by Private Individuals Admissible as Evidence. The Supreme Court has ruled that photos and messages obtained by private individuals from a Facebook messenger account are admissible as evidence in court. In a 31-page decision penned by Justice Jhosep Y.

Do screenshots contain personal information? ›

TIL Android Screenshots don't include any metadata for the date it was taken on, iOS screenshots do. I have recently been going through many of my pictures and making sure all the metadata is good.

What is the best evidence rule? ›

The best evidence rule provides that the original documents must be provided as evidence, unless the original is lost, destroyed, or otherwise unobtainable.

What are the exceptions to the best evidence rule? ›

The Best Evidence Rule does NOT apply when a party is simply trying to prove an event or fact that is memorialized in a writing, recording or piece of photographic evidence. For example, a witness may testify that she provided payment to a party without entering a receipt for the payment into evidence.

What happens when you take a screenshot? ›

A screenshot, sometimes referred to as a screencap or screengrab, is an image that shows the contents of a computer display. Screenshots let you capture exactly what you're seeing on your screen and are often shared with others or used as a reference point later on.

Is it legal to post screenshots of text messages? ›

Protected Material: In some cases, friends may be sending copyrighted or trademarked material to each other. Capturing this type of information in a screenshot and using it in certain ways can result in legal trouble; however, this is unlikely in a private conversation between friends or acquaintances.

What's the difference between a screenshot and a photo? ›

Both a screenshot and a photograph are images, that is visible impressions obtained by a device, or displayed on a computer or video screen. But a photograph is always a picture made using a camera. And a screenshot is an image of the data displayed on the screen of a computer or mobile device.

How much evidence is enough to convict someone? ›

Beyond a reasonable doubt.

Every state in the country has laws that make it clear a prosecutor must present enough evidence to show, beyond a reasonable doubt, that the defendant committed the crime they are accused of.

Do judges care about text messages? ›

As such, California law requires text messages to be authenticated before being admitted to court.

Can deleted text messages be subpoenaed? ›

However, if a spouse deletes a text from their phone, that communication record can still be subpoenaed. If the telecom company deletes (or archives) the records, they cannot be retrieved. For this reason, it's essential to request a subpoena as early as possible. Otherwise, the information may be lost forever.

What is screenshot accountability? ›

Accountability isn't only about p*rnography.

Many customers have different areas they want to be held accountable for, not exclusively p*rnography. Screenshot accountability focuses exclusively on visual p*rnography in the form of on-screen nudity.

Do screenshots show on BeReal? ›

Yes, BeReal does notify screenshots. It will alert users if someone takes a screenshot of their photo (but not their profile), and it also notifies others when you take a screenshot of their photo. However, the notification is not sent in the form of a push notification or message.

How do I enable screenshots on Ever Accountable? ›

STEP 01: Open the Ever Accountable app and click the "Settings" icon. STEP 02: Click "Turn Screenshots On" under the "Device Settings" section. STEP 03: Click the blue "Activate Screenshots" button. The Screenshots feature is now active on your device.

Can tape recordings be used as evidence? ›

If an alleged victim records a crime in progress or if the alleged perpetrator accidentally records the event, the audio recording could get used in court. Also, there are additional exceptions for the media, emergencies, threats, and harassment.

Is a recording of a conversation hearsay? ›

The short answer: No. Anything presented in court still needs to comply with the Rules of Evidence, and in many cases recorded conversations will not make the cut.

Can you record a phone call and use it as evidence? ›

Individuals. An individual may record a call as long as they are one of the participants of the call. The recording can be used as evidence in a lawsuit. However, it is illegal to record communications that the recording party is not participating in.

What is the strongest form of evidence against a defendant? ›

Real Evidence

The material must have been connected to the crime to qualify as real evidence. Therefore, real evidence is arguably the most central piece in a trial as it proves or disproves your case.

What are the two factors that make evidence admissible in court? ›

Generally, to be admissible, the evidence must be relevant) and not outweighed by countervailing considerations (e.g., the evidence is unfairly prejudicial, confusing, a waste of time, privileged, or, among other reasons, based on hearsay).

Are cell phone pictures admissible in court? ›

Like most legal matters, the answer to the question is “it depends”. There is no definitive answer as to whether cell phone video, or any evidence for that matter, is admissible in court. There are some basic rules that you can use to enhance your position, but in the end, the decision is ultimately made by the judge.

What do you take screenshots of during an investigation? ›

Take photos of physical evidence: Photos of physical (electronic) evidence establish the chain of custody and make it more authentic. Take screenshots of digital evidence content: In cases where the evidence is intangible, taking screenshots is an effective way of establishing the chain of custody.

Can Messenger be used as evidence in court? ›

If investigators try to get a Facebook user's private posts or direct messages as evidence, they have to request it from the company via a warrant or subpoena. In most cases, Facebook will grant the details. However, this sort of access is not provided to criminal suspects.

Can you use social media posts as evidence in court? ›

Both public and private information on a social media account may be admissible. Admissibility of evidence depends on several factors, including the relevance of the evidence to the case at hand and its authenticity. To be admissible in court, social media evidence must first be authenticated directly.

Are screenshots good evidence? ›

Even though it might seem unusual, screenshots are admissible evidence. Yes, you can use them as legal proof, but you can't just present them and expect everything to be okay. Time and date matter a lot in a litigation process.

What information is in a screenshot? ›

Also called a print screen, screen dump, snapshot, or screen capture, a screen shot or screenshot is an image of what's currently displayed on a screen. Screenshots can be created by a software program or operating system. Once a screenshot is captured, it can be saved as an image file (e.g., GIF or JPEG).

Can you find a location from a screenshot? ›

Detect Location from Photo via Google Maps

After getting GPS information on the picture, a user can find the location where the picture was taken using Google Maps. The photo location search function integrated into Google Maps allows searching for a specific location by entering its GPS coordinates.

What is the strongest evidence in court? ›

The best evidence rule is a legal principle that holds an original of a document as superior evidence. The rule specifies that secondary evidence, such as a copy or facsimile, will be not admissible if an original document exists and can be obtained.

What is acceptable evidence? ›

Acceptable evidence means relevant official transcripts, university recommendation, certificates of completion, and other documentation as required by the Board of Public Education or the Superintendent of Public Instruction.

What are the 4 types of evidence? ›

There are four types evidence by which facts can be proven or disproven at trial which include:
  • Real evidence;
  • Demonstrative evidence;
  • Documentary evidence; and.
  • Testimonial evidence.

What rule makes evidence not admissible? ›

United States, 198 F. 2d 976 (D.C. Cir. 1952). Under certain circ*mstances, relevant evidence will be inadmissible if its probative value is substantially outweighed by the danger of unfair prejudice, confusing the issues, misleading the jury, undue delay, wasting time, or needlessly presenting cumulative.

What are the two most basic rules in evidence law? ›

As the Federal Rules of Evidence puts it, evidence is relevant if: “it has any tendency to make a fact more or less probable than it would be without the evidence; and. the fact is of consequence in determining the action" (FRE 4.01).

What is best evidence hearsay? ›

The best evidence rule is a rule of evidence which excludes what is otherwise logically relevant evidence based on considerations of reliability. This is analogous to the inadmissibility of hearsay testimony.

Is it a crime to screenshot? ›

No, screenshotting images is not illegal. However, how you use that screenshot could be illegal. If you use, publish, or share copyrighted images without the rights or licenses to that content, you're infringing on the owner's copyright and could face legal repercussions.

Is it legal to take a screenshot? ›

Generally speaking, it is unlikely that taking a screenshot of a photograph without the subject's permission would be considered illegal unless it infringes on their privacy or could cause them harm. When the photograph is considered copyrighted material, taking a screenshot of it would be regarded as unlawful.

Why can't you take a screenshot? ›

Some Android apps may prevent you from taking screenshots for security reasons. Financial apps (banking or payment apps, for example) may prohibit you from taking screenshots to protect your data. Similarly, popular browsers such as Chrome prevent you from taking screenshots in incognito mode.

Is it illegal to share someones text messages? ›

Based upon the language and policies behind the Wiretap Act, accessing and sharing text messages requires the consent of at least one party for the disclosure of text messages sent between cellphones.

Is it illegal to read someone else's text messages? ›

The Electronic Communications Privacy Act (ECPA) is a federal law that makes it a crime to access someone else's private communications without permission. It covers cell phones, computer use, email, social media accounts, and other types of electronic communications.

Is Screenshotting and sharing Snapchat messages illegal? ›

The image owner would be able to sue anyone who does this for copyright infringement. “Snapchat photos are automatically deleted after 10 seconds. The Snapchat privacy policy states that if Snapchat is able to detect that a recipient has taken a screenshot of an image, they will try to inform the original poster.

Can someone tell if you take a screenshot of their picture? ›

No. You can screenshot or screen record someone else's post and they will not be notified. Stories, posts and reels are all safe from screenshot notifications.

Why send a screenshot instead of a photo? ›

So, if you're standing on your porch when you took the photo, that could be an issue." PurePower recommends that instead of sending a raw photo to others, it is always safer to send a screenshot of the image. "A screenshot doesn't have that information. Take a screenshot of the photo, send the screenshot," he added.

Is a screenshot a photo copy? ›

This is because a screenshot is a snapshot of the screen itself, at the size it's currently displaying the photo, and it doesn't capture the full resolution or data that makes up the original that your device's camera has stored.

Is it illegal to post screenshots of conversations how can it be legal and acceptable? ›

There are also consequences under other laws, such as the Harassment Act. The general rule of the thumb is that you should not take a screenshot of a private message and distribute it more widely – at least not without the other person's permission.

Are Messenger screenshots admissible in court? ›

The Supreme Court has ruled that photos and messages obtained by private individuals from a Facebook messenger account are admissible as evidence in court. In a 31-page decision penned by Justice Jhosep Y. Lopez, the Court sustained the conviction of the petitioner, Christian C.

Can Instagram screenshots be used in court? ›

Posts or Stories, even if taken down, can potentially be used if a screenshot, photograph, or other record of it exists, and it can be proven to have come from an account you control and someone can establish the post has been unaltered and is a fair and accurate representation of what was actually posted.

Do screenshots need to be cited? ›

Copyright free images which state no attribution required, are safe to use without asking for permission. These do not require to be referenced. If appropriate, an image title or description can be added as a caption underneath.

Are screenshots defamation? ›

In the US, the truth is a complete defense to defamation (which would include slander and libel). If the screenshots are between you and the person who posted them, assuming the person is not making up a false factual statement about you in the screenshots, then you would have no basis for a defamation suit.

How do I take a screenshot without permission? ›

Method 1: Use Google Assistant
  1. Open the app that you want to screenshot.
  2. Activate Google Assistant. You can do this by saying Hey Google! or holding the home key depending on your settings.
  3. Say or type Take a screenshot. Google Assistant will now capture a screenshot.
Jun 1, 2023

Can you share text messages legally? ›

Based upon the language and policies behind the Wiretap Act, accessing and sharing text messages requires the consent of at least one party for the disclosure of text messages sent between cellphones.

How do you admit text messages into evidence? ›

You can authenticate text messages by presenting:
  1. a “copy,” a screenshot, photo, or print-out of the message that includes identifying information that links the message to the texter, and.
  2. testimony or affidavit that the copy is a true and accurate representation of the text messages.

How do you admit social media into evidence? ›

Social media can be introduced using testimonial evidence as long as the witness testifying about the social media:
  1. Has personal knowledge of the social media information;
  2. Has the ability to communicate the testimony;
  3. Takes an oath or makes an affirmation to tell the truth; and.
  4. Claims to recall what they are testifying.

Is social media hearsay evidence? ›

Yes, under the definition of the term, text messages and social media posts are hearsay. They are statements made outside of court, which are generally introduced to prove the truth of the text or post. However, courts have largely allowed texts and social media posts under various exceptions to the hearsay rule.

What are two things that do not need to be cited? ›

What you don't need to cite
  • facts that are found in many sources (ex: Marie Antoinette was guillotined in 1793.)
  • things that are easily observed (ex: Many people talk on cellphones while driving.)
  • common sayings (ex: Every man has his price.)
Jul 18, 2022

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