Guideline clarifies nature of digital evidence in civil disputes

Information posted online on platforms including web pages, blogs and micro blogs will be able to be treated as digital evidence in civil disputes according to a guideline released by China's top court on Dec 26.

The guideline issued by the Supreme People's Court also said information sent via instant messaging tools, including text messages and e-mail, and data stored online such as pictures and audio and video recordings could also be used as digital evidence in civil disputes.

Digital evidence was written into China's Civil Procedure Law in 2012, but its nature was not specified.

"The unclear rule has brought difficulties in legal practice, especially in the internet era," said Jiang Bixin, vice-president of the top court.

The detailing of digital evidence in the guideline, which will come into effect in May, would not only help judges identify related evidence when hearing civil cases, but would also encourage litigants to collect such evidence if their legitimate rights were infringed, he said.

Courts at each level should pay attention the guideline, Jiang said, adding that "having more research on the identification and application of digital evidence will improve the quality of civil case hearings".