Social media accounts may be introduced as character evidence under MRE 405, but strict authentication and relevance requirements apply. When character is an essential element of a charge, claim, or defense, social media content demonstrating reputation or specific instances of conduct becomes admissible. The proponent must establish that the account belongs to the relevant person, the posts are authentic, and the content directly relates to the character trait at issue.
Authentication requires more than simply showing a name on an account. Evidence might include testimony from witnesses who communicated with the account holder, distinctive characteristics in posts, or technical data linking the account to the individual. Privacy settings, account creation dates, and posting patterns help establish authenticity. The military judge acts as gatekeeper, ensuring sufficient authentication before allowing panel consideration.
Relevance limitations prevent fishing expeditions through entire social media histories. Only posts directly demonstrating the pertinent character trait merit admission. Time limitations apply – ancient posts may lack relevance to current character. The judge must balance probative value against dangers of unfair prejudice, confusion, or time waste from extensive social media evidence. Proper limiting instructions guide panel use of character evidence for permissible purposes. Both parties should anticipate social media discovery in cases where character evidence becomes admissible.