Video Evidence Raises Authentication Questions Text Doesn't
Video defamation raises evidentiary issues that text-based posts generally don't, and those issues sit right at the intersection of technology and admissibility. A defamatory video can be re-uploaded under a new title after the original is removed, edited to change its context, or generated or manipulated using increasingly accessible AI tools in ways that require technical evaluation to establish or challenge authenticity. Livestreamed defamatory statements exist only in the moment unless someone is actively recording, which means the standard evidence-preservation playbook for static content simply doesn't apply. Comment sections beneath a video can carry as much reputational weight as the video itself, and are frequently deleted independently of the video, sometimes before the video is even taken down.
In litigation, video evidence also draws a level of authentication scrutiny that text-based posts often avoid, particularly as AI-generated and AI-edited content has become more accessible and more difficult to distinguish from authentic footage without technical analysis. I work with counsel to build the technical record needed to authenticate video evidence — or, on the defense side, to identify legitimate questions about whether footage has been selectively edited or manipulated.
How a Video Investigation Works for Litigation
Video & Comment Preservation
Full video downloads (where permitted), timestamped screen recordings, and comment thread capture before content is altered or removed, with a documented chain of custody.
Authenticity Review
Technical evaluation of whether video or audio shows signs of manipulation, editing, or synthetic generation, structured to support or rebut an authentication challenge.
Re-Upload Monitoring
Tracking whether removed content resurfaces under different accounts, titles, or platforms, which is often relevant to both ongoing-harm and injunctive relief theories.
Reach Analysis
Documenting view counts, engagement, and spread across platforms to support impact and damages analysis with defensible data.