Are WhatsApp Messages Legal Evidence? What Judges Look for Before Accepting Them

WhatsApp conversations are frequently used as evidence in divorce, criminal, and debt collection cases.

However, not every screenshot or copied chat automatically qualifies as evidence. Accuracy, legality, and the method of presentation to the court are crucial. Below, you will find information on what to consider when presenting WhatsApp conversations as evidence, how judges and experts will conduct their review, and a practical presentation checklist.

Basic Principles for Accepting WhatsApp Conversations as Evidence

For a WhatsApp conversation to be considered evidence, it must be lawfully obtained and verifiable. Otherwise, the court may disregard or invalidate the conversation.

• Legality: The method of obtaining the correspondence must be lawful. Content obtained through unauthorized access or illegal means generally does not constitute evidence.

• Verifiability: It must be proven that the correspondence genuinely belongs to the claimed number and person, and that it has not been altered in terms of date or content.

Why are screenshots not enough?

A common mistake is to only present a cropped screenshot. Copying and pasting a sentence or a few messages alone is not enough to dispel suspicion. Screenshots can be easily edited. Names, profile pictures, and dates can be changed.

Therefore, judges often request more robust verification methods. Otherwise, doubts remain as to whether the text displayed on the screen actually belongs to that phone and number.

How do court and expert examinations work?

If there is doubt, the court may leave the determination of communication interception to an expert report. There are two common approaches;

• Screen video recording: Messages can be opened on the phone screen, and a recorded video can be displayed by clicking on the contact's address book or chat details. This shows that the messages are visible on that phone.

• Phone submitted to expert for analysis: The judge may request that the phone be submitted to an expert for analysis to assess the certainty of the evidence. The expert will examine the phone's data and report whether the messages truly belong to that device.

At this stage, the expert examines the messages for consistency between the sender number, timestamps, and the phone's chat data. Ultimately, the court forms an opinion regarding the authenticity of the correspondence.

Can correspondence between third parties be used as evidence?

Messages sent by an individual to another person may not constitute direct evidence against them.

For example, when presenting a WhatsApp message sent by your spouse to a third party as evidence, it is necessary to prove that the message actually belongs to that person, that they sent the message and that the content has not been altered.

Moreover, if these messages were obtained through illegal means, the court may not consider them.

Shared Devices and Incidentally Discovered Evidence

Messages found on shared phones or computers require separate evaluation. If the messages were viewed accidentally on a shared device, it must be proven that they were obtained accidentally. The fact of shared use can be a determining factor in the legality of the evidence.

Things to Consider When Presenting WhatsApp Conversations

Document how the evidence was obtained: Record in writing how the messages were accessed and who accessed them.

• Offer more than just a screenshot: If possible, record the screen or have an expert analyze all the phone's chat data.

• Preparing for phone handover: Remember that the phone may need to be temporarily handed over to an expert if the judge requests it; prepare a spare phone.

• Permission and consent: If you can demonstrate that you obtained the messages with consent, document this. Unauthorized access may lead to the rejection of evidence.

• Protecting historical and personal information: Ensure messages clearly display timestamps, sender numbers, and profile context.

WhatsApp conversations can be effective evidence in court, but the way they are presented is crucial. Cropped screenshots alone are often insufficient.

Verification, legality assessment, and expert examination are necessary for the evidence to be accepted. To increase the strength of the evidence, the best approach is to document the access process, have the phone data analyzed by an expert if possible, and clarify any instances of shared usage.

Taking these basic rules into account when preparing evidence related to WhatsApp conversations will ensure that the evidence gains value in court