PDF Document Originality in Civil Litigation: Can Tampering Be Absolutely Ruled Out?

The article examines the originality and security of Portable Document Format (PDF) documents used in civil litigation, focusing on South African courts' adoption of digital technology through the CaseLines system and related legal frameworks. It analyzes Section 14 of South Africa's Electronic Communications and Transactions Act 25 of 2002 (ECT Act), which legally recognizes electronically produced data messages—including PDFs—as original documents, while acknowledging vulnerabilities such as phishing and hacking that may compromise their integrity. The article reviews South African practice directives and draft amended uniform rules mandating PDF filings, highlighting concerns over insufficient security measures and recommending encryption of uploaded documents to protect against tampering. A comparative analysis with the United Kingdom's Practice Direction 510 reveals similar reliance on PDFs but notes the UK lacks explicit statutory definitions of data messages, suggesting both jurisdictions should enhance legal and technical safeguards to ensure the authenticity and security of electronic court documents.