The importance of digital footprints: SC’s guidelines on proving social media identity in criminal cases

Digital footprints — the trail of data left behind by users during their online activities — now play a major role in criminal investigations.

- AMICUS CURIAE GILLIAN RUTH A. GRANCHO

Every action on online platforms, from posting content to sending private messages, creates records that can later be traced and examined.

A single social media post, especially one made in haste, can have serious legal consequences for individuals and organizations. While social media remains an essential platform to communicate and build brands, it now operates in an environment where online conduct is closely monitored and scrutinized.

Our courts have recognized that once a social media account is created, the user can post statements, photos, or videos visible to others. At the same time, fake or dummy accounts are easy to create and often used for impersonation, disinformation, identity theft, and other criminal activities. Because of this, proving who owns, controls, or authored content from a social media account has become essential in criminal cases.

In XXX v. People (G.R. No. 274842, Oct. 22, 2025), the Supreme Court addressed the challenge of proving who actually controls or authors posts from social media accounts. The Court established guidelines in proving the fact of ownership of, or access to, a social media account in the context of crimes and offenses committed through social media.

To prove ownership or access, the following may be shown:

1. An admission of ownership of or access to the social media account, or authorship of the social media post or private message;

2. Evidence that the offender was seen accessing or using the account, or composing, posting, or sending the post or private message;