Screenshots as Evidence in Court: Are They Valid?

“A screenshot doesn't count anyway, it can be faked.” People affected by online hate hear this a lot. It is not quite right. In Germany, screenshots are admissible as evidence in court. How much weight they carry is decided by the court in each case. And you can do a lot to make your screenshot convincing. This article explains in general terms how German courts deal with screenshots, what weakens them and how to make them stronger.

Are screenshots valid evidence in court?

Yes. German law has no rule saying screenshots do not count. The principle is the free evaluation of evidence (freie Beweiswürdigung):

• In criminal proceedings, the court decides on the result of the evidence according to its free conviction, drawn from the trial as a whole (§ 261 of the Code of Criminal Procedure, Strafprozessordnung, StPO).
• In civil proceedings, for example a claim for an injunction, the court decides by free conviction, taking into account the entire content of the proceedings, whether a factual claim is true. It must state its reasons in the judgment (§ 286 of the Code of Civil Procedure, Zivilprozessordnung, ZPO).

So a screenshot is evidence like any other. In civil proceedings, screenshots are usually treated as objects of inspection (Augenschein), meaning something the court looks at. Where a file is concerned, the evidence is offered by presenting or transmitting the file (§ 371 ZPO).

Why do courts sometimes doubt screenshots?

Because screenshots are easy to edit. With a few clicks, names, text or times on a web page can be changed before the screen is captured. Typical weak points:

• The link is missing, so it is unclear where the content appeared.
• The date and time are missing.
• The screenshot is cropped so tightly that the profile or context cannot be seen.
• The content has been deleted, and this one image is all that is left.
• The other side denies having written it.

In criminal proceedings, the screenshot is often the starting point. The police and public prosecutor can gather further evidence, for example by requesting data from the platform. In civil proceedings, you generally have to prove the facts you rely on yourself. Good documentation matters most here.

How do you take a screenshot that works as evidence?

1. Capture the whole screen. With the device's date and time, if possible.
2. Secure the link. On a computer, the address bar should be in the image. On a phone, also copy the link to the post and the profile into a note.
3. Show the profile. Name, username and, if possible, the profile page itself.
4. Capture the context. For comments, include the post above and the replies. For long threads, take several overlapping screenshots.
5. Do not edit the original. No cropping, marking or blacking out. If you want to highlight something, do it in a copy.
6. Store it safely. Keep the original files in one folder, plus a backup, for example on a USB stick.

Export chats only “without media”. And one hard line: never take screenshots of nude images or sexual content. Describe the content in words and note the link. If minors are involved, do not save or forward anything, because even possessing such content can be a criminal offence (§§ 184b, 184c of the Criminal Code, Strafgesetzbuch, StGB). A detailed guide is in How to Secure Evidence of Online Hate: Screenshot, URL, Timestamp.

What makes screenshots stronger as evidence?

• A log. Keep a simple list: when, where, which account, what exactly, which screenshot belongs to it. A tidy log makes your account more credible.
• Witnesses. Ask a person you trust to look at the content themselves and take their own screenshots. They can later confirm what they saw.
• Several sources. Screenshot, link, the web page saved as a PDF with the address visible, the platform's confirmation emails for your report. The more fits together, the better.
• Keep the originals. Do not delete chats and messages from your device. If needed, a court or the police can then look at the original.
• Report early. Platforms do not keep data forever. The sooner the police know, the sooner they can have data secured. How to report online is explained in Reporting to the Police Online.

What you should not do

• Do not change anything. Passing off edited screenshots as genuine can be a criminal offence and destroys your credibility.
• Do not secretly record. Recording private conversations or voice calls without permission can be a criminal offence under § 201 StGB. That applies even if you want to collect evidence.
• Do not name and shame. Posting screenshots of hate comments with full names spreads the hate further and can create new legal problems. Give them to the police or a law firm.

What if the post has already been deleted?

Then your screenshot matters all the more. It remains evidence even if the original has gone. Together with your log, the link and any witness statements, it can be convincing. File a criminal complaint anyway. You cannot control whether the authorities can still obtain data from the platform, but you give them the chance. Remember the deadline: for insult offences, you must file a request for prosecution (Strafantrag) within three months. More in Strafantrag Explained: The 3-Month Deadline in Germany.

Frequently asked questions

Is a screenshot enough to file a criminal complaint?

To get started, yes. The police mainly need to know where and when something happened. A screenshot with link, date and profile is a good basis.

Can the other side simply claim my screenshot is fake?

They can claim it. The court then weighs all the circumstances. Complete screenshots, a log, witnesses and preserved originals make such a claim much weaker.

Can I use messages sent to me as evidence?

You can generally capture messages that were sent to you and show them to the police or a law firm. Secretly recording conversations is a different matter and can be a criminal offence.

Do I need to print screenshots?

No. Most online police stations let you upload files. Always keep the original files.

Report your case

If you have secured evidence and want to know what could happen next, you can report it through our form. If you say yes, your report goes automatically to a suitable cooperating law firm (Kooperationskanzlei) as soon as one is available. The legal assessment comes from the law firm, not from us. If there is no suitable firm right now, you get an email with other places to turn to straight away. Deadlines keep running: you can always file a request for prosecution (Strafantrag) with the police yourself.