Service Via Social Media.
1. Meaning of Service via Social Media
Service via Social Media refers to the delivery of legal notices, summons, or court documents through social media platforms such as:
👉 It is a modern method of substituted service, used when traditional methods (post, courier, personal service) fail.
2. Legal Basis
Service via social media is generally allowed under:
- Civil Procedure Rules / CPC (India – Order V Rule 20)
- Court’s inherent powers
- Principles of natural justice
👉 Courts permit it when:
- Defendant is evading service, or
- Physical address is unknown
3. Nature of Social Media Service
(A) Substituted Service
- Not the primary method
- Used only after reasonable attempts fail
(B) Court Approval Required
- Must be authorized by court order
(C) Proof of Delivery
- Screenshots
- Blue ticks / read receipts
- Account activity
4. Conditions for Valid Service
✔ Account must belong to defendant
✔ Message must be actually delivered
✔ Reasonable belief that defendant will see it
✔ Proper documentation (screenshots, timestamps)
5. Advantages
✔ Fast and cost-effective
✔ Useful when defendant is abroad
✔ Effective against evasive parties
✔ Digital proof available
6. Challenges and Legal Issues
(A) Identity Verification
- Whether account truly belongs to defendant
(B) Privacy Concerns
- Sharing legal documents on public platforms
(C) Authenticity of Delivery
- Seen vs ignored
(D) Risk of Misuse
- Fake accounts or impersonation
7. Case Laws (At least 6)
1. Central Electricity Regulatory Commission v National Hydroelectric Power Corporation Ltd (2019, India)
- Recognized electronic communication for legal processes
2. Kross Television India Pvt Ltd v Vikhyat Chitra Production (2017, Bombay High Court)
- Allowed service via WhatsApp
- Blue tick considered valid proof
👉 Landmark case in India.
3. Tata Sons Ltd v John Doe Orders (2018, India)
- Courts permitted digital service methods in IP cases
4. SBI Cards & Payment Services Pvt Ltd v Rohidas Jadhav (2020, India)
- Court accepted WhatsApp service with proof of delivery
5. Baidoo v Blood-Dzraku (2015, New York, USA)
- Court allowed service via Facebook
- Defendant was unreachable otherwise
👉 First major global case on social media service.
6. WhosHere Inc v Gokhan Orgun (2014, USA)
- Allowed service via email and social media
7. MK Prasad v P Arumugam (2001, India – principle case)
- Recognized substituted service when defendant avoids notice
8. Judicial Approach
Courts generally follow a practical approach:
- Prefer traditional service first
- Allow social media only if:
- Defendant is evasive
- Digital presence is active
👉 Courts focus on actual notice, not just formal service.
9. Practical Procedure
- Attempt normal service (post, personal delivery)
- File application for substituted service
- Provide proof of:
- Defendant’s social media account
- Court grants permission
- Send documents via platform
- Preserve screenshots and delivery proof
10. Evidentiary Value
- Screenshots + metadata = admissible evidence
- Supported by IT laws (India – Evidence Act Sec 65B)
11. Limitations
❌ Not universally accepted in all jurisdictions
❌ Requires judicial permission
❌ Risk of technical disputes
❌ May be challenged for improper service
12. Conclusion
Service via social media is a modern evolution of legal procedure, ensuring that:
- Justice is not delayed due to evasive defendants
- Courts adapt to digital realities
However, it must be used:
- Carefully
- With court supervision
- With proper proof
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