Social media provides a fertile ground for background investigation
03 June 2013 | Magazine Archives FAnews & FAnuus | Short Term | Johan Nel, Censeo
Current belief is that individuals have the right to post whatever pleases them on social media. This creates a false illusion of anonymity and invisibility and transforms social media sites into a fertile ground for background investigation in general. It is however not really practical to use specific social sites for any other purpose during an investigation, says Johan Nel, Head of Non-motor claims at Censeo.
Information acquired through the internet, including from social media, is not admissible in court of law as competent and reliable evidence. Accordingly, in cases where the web is used as one of the tools in an investigation and information is found on suspicious claims which indicate fraudulent intent, the investigator should still validate that the information is actual and accurate. Findings are generally supported by statements from witnesses, forensic evidence and other admissible evidence.
Uncovering social media’s true value
The social media phenomenon is still relatively young in South Africa when compared to the rest of the world. Although it will probably not change into a reliable source of information which can be used in our judicial system, it will become a very effective tool to steer future investigations.
Public information on social networks is not very different to video surveillance in many public locations. There are however vast differences between factual video surveillance footage and random postings on social media sites.
The power of social media
United Breaks Guitars is a protest song by Canadian musician Dave Carroll and his band, Sons of Maxwell. It chronicles a real-life experience of how his guitar was broken during a trip on United Airlines in 2008, and the subsequent reaction from the airline. The song became an immediate YouTube and iTunes hit upon its release in July 2009 and a public relations embarrassment for the airline.
Musician Dave Carroll said his guitar was broken while in United Airlines' custody. He alleged that he heard a fellow passenger exclaim that baggage handlers on the tarmac at Chicago's O'Hare International Airport were throwing guitars during a layover on his flight from Halifax Stanfield International Airport to Omaha, Nebraska's Eppley Airfield. He arrived at his destination to discover that his guitar was severely damaged.
In his song, he sang that he "alerted three employees who showed complete indifference towards me" when he raised the matter in Chicago.
Carroll filed a claim with United Airlines which informed him that he was ineligible for compensation because he had failed to make the claim within its stipulated "standard 24-hour timeframe". Within 4 days of the video being posted online, United Airline's stock price fell 10%, costing stockholders about $180 million in value.
The contrary also obviously happens. In many instances information can be damming requiring some serious explanation in cases where proof of quantum if fabricated or forged. The fact still however needs to be validated and confirmed with supporting evidence and cannot be used as absolute proof of fact.
Supplying the local market
Censeo uses information found at on the web, which is considered the public domain, during formulation of hypothesis in terms of the investigating to follow.
In a recent claim for a loss under personal home contents, social media actually assisted Censeo to prove ownership on behalf of a client in order to recommend authorisation to an Insurance Company.
A member of the public submitted a list of items stolen lost in a burglary and had no proof of ownership in terms of expensive jewellery items as per requirement in terms of his insurance policy. The appointed assessor managed to find good evidence proving the existence and ownership of the said items from photographs posted on social media websites.