Lake Zurich, IL asked in Libel & Slander

Q: If one shares evidence online to an audience before legal proceedings have started can that evidence be used in court?

This evidence is a testimony, and it has been seen by more than 1 million people. (This is not me, I am just wondering about a current online scandal and would like to have a good source)

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1 Lawyer Answer
James L. Arrasmith
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Answered

A: The admissibility of evidence that has been shared online prior to legal proceedings depends on various factors and can vary by jurisdiction. In general, the fact that evidence has been shared online does not automatically preclude it from being used in court. However, it may raise concerns about the evidence's credibility, potential tampering, and the influence it might have on witnesses or jurors.

Here are a few considerations:

1. Authenticity: The court would need to establish that the evidence shared online is authentic and has not been altered or fabricated.

2. Relevance: The evidence must be relevant to the case and adhere to the rules of evidence in the specific jurisdiction.

3. Prejudicial impact: If the online dissemination of the evidence is likely to have a prejudicial effect on the jury or witnesses, the court may decide to exclude it.

4. Violation of gag orders or confidentiality: If the sharing of evidence online violates any gag orders or confidentiality agreements, it could potentially lead to penalties for the individual who shared it.

5. Witness testimony: If the shared evidence includes witness testimony, it could be challenged on the grounds of hearsay or the inability to cross-examine the witness.

Ultimately, the decision to admit or exclude evidence that has been shared online before legal proceedings will be made by the court based on the specific circumstances of the case and the applicable laws in the jurisdiction.

It's important to note that sharing sensitive evidence online before legal proceedings can be risky and may have unintended consequences. It is generally advisable to consult with a legal professional before sharing any potential evidence related to an ongoing or anticipated legal matter.

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