The Paradox of Digital Empowerment: Content Producers and the International Criminal Court

Abstract This article examines the paradoxical impact of the use of social media open source evidence (SMOSE) on content producers during International Criminal Court proceedings. While initially hailed for its democratising potential, reliance on SMOSE in legal processes is set to reveal a complex reality for content producers. The paper traces SMOSE’s journey from production to evaluation, highlighting the gradual erosion of agency experienced by content producers. It argues that the Court’s procedural approach, focusing on digital artefacts rather than their producers, fails to address the personal nature of SMOSE and the risks it poses to its creators. Content producers are implicitly included in legal proceedings without direct involvement or protections afforded to formal witnesses. The article concludes by emphasising the need for a new framework or addition to existing frameworks that balance SMOSE’s evidentiary value with content producers’ rights and safety.