Obtaining it, authenticating it and preserving it.
Esshaki Legal Media TeamCurrent as of April 2026
Social media content is relevant in employment, personal injury and commercial
disputes, and obtaining it follows a defined path.
From the party. Requests for production directed to the party, who has
possession or control of their own accounts and can export the content. Courts
require a threshold showing of relevance rather than permitting general access
to an account.
From the platform. Generally unavailable by subpoena for content, because
stored communications law bars providers from disclosing content, even in civil
litigation. Basic subscriber information may be obtainable. The practical route
is always through the account holder.
Preservation. Litigation holds must extend to social accounts, and
instructing a client to clean up their profile after a duty to preserve arises
is spoliation and has produced sanctions against counsel.
Authentication. More than a screenshot and a name. Testimony from the author
or a recipient, distinctive content, account access evidence, or platform
records with a certification.
Metadata and completeness. Export files from the platform include timestamps
and history that screenshots do not.
Private content. Privacy settings do not create a privilege, and courts
order production of restricted content where relevance is shown.