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The use of social media and electronic messages as evidence at trial is increasingly becoming common. Recent developments show that an array of communication modes, including text messages, emails, and social media posts on Facebook, Instagram, and Twitter, among others, can fall under the scope of investigation during police enquiries into criminal offences. Such investigations are often directed toward individuals who are suspected of engaging in criminal activities.
Moreover, these communication platforms are not only subjected to investigative scrutiny but can also be brought in as evidence against the accused to prove their association with a criminal organization. Additionally, they can serve to establish the occurrence of a criminal offence. This becomes especially relevant when the accusation stems from one person’s words against another.
If, for example, a complainant provides the police with their communication with the accused, this could be utilized to demonstrate the guilt of the accused. In fact, in scenarios where proving the guilt of the accused is challenging without this form of communication, such evidence can be instrumental.
In light of these developments, it is recommended for individuals to avoid discussing anything self-incriminating through any mode of electronic communication. In essence, everyone should perceive anything posted online as accessible to the public and potentially usable against them in a court of law. It has been observed that even YouTube music videos featuring individuals accused of criminal offences have been leveraged by the Crown to showcase the accused's association with a criminal group.
Another interesting observation is the use of cell phone signals to pin down the location of the accused in relation to the occurrence of a crime. This can bolster the Crown’s effort to prove that the accused was in close proximity to where the particular criminal offence took place.
Although the police maintain that they are not seeking unrestricted access to people's private communication, it appears that they can gain access to communication which the accused might never have thought they could.
This practice by the police has been criticized by some as an invasion of personal privacy, arguing that it might be overstepping boundaries. A notable example of this is when the Vancouver Police utilized social media posts and information to arrest and charge individuals with criminal offences during the Stanley Cup hockey riots in 2011. Post these riots, several individuals were charged due to their social media posts.
There have been cases where the Toronto Police, using social media, have assumed false identities and used misinformation in chat rooms in order to identify criminal plots and ensnare culprits. The way law enforcement has adapted to the times is exemplified by the fact that police officers are now being trained in conducting investigations into virtual online information.
Contrary to a common belief, an individual's social media and electronic communication are not absolutely private and can be used against them, indicating that there is often a gap between what people believe about their online privacy and the reality of the situation. This highlights the need to strike a balance between ensuring the safety of the community and safeguarding an individual's right to a reasonable expectation of privacy.
That said, it bears repeating that anything posted online or communicated through electronic means is potentially susceptible to being used in legal proceedings, underscoring the importance of being aware of the potential legal implications of online activities. It is advised against participating in any online communication or posting anything that could implicate involvement in a criminal offence.
