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? ›

While screenshots can provide visual evidence of text messages, social media posts, and other digital content, investigators must exercise caution to ensure the accuracy and authenticity of the collected evidence.

Can screenshots be admitted as evidence? ›

Can we submit screenshots as evidence to the court? Yes. Electronic evidence is admissible in the court of law. Make sure you do not edit them and produce the original instrument on which they were taken.

Do screenshots stand up in court? ›

In most worldwide jurisdictions, screenshots may be accepted as evidence in a court, but they can also be disputed. Their validity is discretional and may pose a severe risk to the evolution of the trial.

How to authenticate screenshots in court? ›

The author testifies about their authorship, and can "authenticate" screenshots by testifying that the screenshots depict true and correct website posts when you posted them. The origin of a website would also be proved by ISP evidence showing from which computer the posts originated.

Are screenshots legally binding? ›

The act of screenshotting a picture, in and of itself, is not illegal. However, what you do with the picture after that may be. If you re-post it or somehow republish it, you may be in trouble. Copyright is always held by the content creator, and they define what you can or cannot do with it.

How to present screenshots as evidence? ›

Printing your screenshot directly after you have captured it is recommended. You can use these printouts in court. It can be easier for courts to view printed screenshots than digital files. Additionally, the authenticity of your evidence is less likely to be questioned if you preserve it immediately.

Do screenshots of texts hold up in court? ›

Yes. The ones you want to admit will need your testimony to authenticate them first before the judge will admit it. You need to testify as to the basics of the text -- who sent, who received, when sent, that you took the screenshot, etc.

Can screenshots get you in trouble? ›

If screenshots of these materials are transformative, or if they depict a small part of an overall work, and don't act as a substitute for the original, there's a good chance your screenshot is legal. However, if the law determines your screenshot to be outside of fair use, you may face legal ramifications.

Are screenshots traceable? ›

A website can know if you take a screenshot of if you use the browser to do it. A website can also know if you take a screenshot using the print screen button on your keyboard. However, if you use a program like the Snipping Tool, the website cannot tell you took one.

How to prove a screenshot is real? ›

✔️Check metadata: Use third-party apps or online tools to examine the metadata of the screenshot. Metadata contains information about the image, including its origin, date, and editing history. Inconsistencies in it can indicate manipulation.

Can pictures be used as evidence in court? ›

Photographs are considered secondary evidence. 32 The object or view that the photograph is to represent must be admissible. If the subject of the photograph could not be introduced, the picture of it must be excluded.

How do you present text messages as evidence in court? ›

To admit text messaging then, the rules of evidence typically hold that authentication is made by confirming circ*mstances. To authenticate a text message, you might present a copy – a photo or printout of messages or screenshot that shows identifying info – all of which connects the messenger to the texter.

Can you sue someone for Screenshotting? ›

Yes, you should be able to sue for the invasion of your privacy.

Is it illegal to screenshot without consent? ›

Depending on the nature of the information disclosed or published, a person COULD be held liable for their actions. So while it MAY be legal to publish screenshots of a conversation without the other parties consent, YOU could become liable in a civil matter if the other party is harmed.

Who owns a screenshot? ›

Your screenshot is not a "photo", it is a copy made of an existing work. As such, it does not necessarily have copyright protections on its own, but is instead covered by the copyright of the original work. And clearly the person making the copy/screenshot is not the owner of the copyright on the original work.

How to prove authenticity of screenshots? ›

Authenticity is crucial to ensure that the screenshots have not been altered or manipulated, as any changes could cast doubt on the integrity of the evidence. To avoid this, investigators must document the process of capturing the screenshots, including the date, time, and device used.

Can I use pictures as evidence in court? ›

In order for photo and video evidence to be admissible in court it must meet two basic requirements: relevance and authenticity. In order for evidence to be relevant it must have probative value. In other words, it must either support or undermine the truth of any point at issue in the legal proceedings.

Is a screenshot intellectual property? ›

We are allowed to do with screenshots is take them for our own personal use or for fair use purposes such as criticism, commentary, news reporting, teaching, scholarship, and research. Are screenshots copyright infringement? Yes, they are, assuming you don't mean a screenshot tool built into your software.

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