Facebook pages should not be immune from the rules governing
discovery. They should be treated like personal journals or
diaries. This does not mean that in every case a defendant
will be entitled to read the plaintiff's Facebook page.
That is not how the law operates.
Much like in the context of a diary, defendant's counsel
should use the opportunity of examinations for discovery to
determine if it is likely that the plaintiff's Facebook page
contains relevant information. Counsel should inquire whether
the plaintiff posts status updates or photographs, how many
'friends' they have, and how often they access
Facebook. If plaintiff's counsel has not reviewed their
client's Facebook page, it is appropriate to request an
undertaking that they do so and that they produce an updated
Affidavit of Documents disclosing any relevant
information.
