نوع مقاله : مقاله پژوهشی
عنوان مقاله English
نویسندگان English
Today, virtual social networks are widely used not only for personal communication but also as a source of information in judicial cases. This research, employing a descriptive-analytical method and a library-based approach, examines the applications and challenges of virtual social networks. It seeks to answer the following questions: To what extent can evidence from social networks be used in judicial cases, and what functions and challenges do these evidences have in the judicial system? The findings of this study indicate that content from social networks, particularly in family law cases, civil liability, and cybercrimes, can serve as admissible evidence. However, their use comes with challenges such as privacy violations, the spread of false information, impacts on the impartiality of judges and juries, and violations of children's rights.In Iran's legal system, laws such as the Electronic Commerce Law and the Regulations on the Collection and Admissibility of Electronic Evidence have legally enabled the use of social network evidence. However, obstacles such as the inaccessibility of data from foreign platforms and the denial of document attribution have limited the practical effectiveness of these laws. Judicial precedent has also shown considerable caution in relying on social network evidence, likely due to these challenges. Yet, as society moves toward digitalization, such caution seems less justified and may deprive the legal system of the benefits these networks offer in uncovering the truth and facilitating judicial proceedings.This study, emphasizing the need for more precise regulations, judicial training, and the development of technical infrastructure, provides recommendations for the more effective utilization of social networks in judicial processes.
کلیدواژهها English