Every day, millions of conversations are shared around the planet through instant messaging platforms. Sometimes the content of such conversations could shed light on a civil or criminal issue and the authorities would gain from it. However, are WhatsApp conversations valid as evidence in court? In this article we explain the details.
WhatsApp conversations
WhatsApp conversations are text messages and multimedia files that users of this messaging platform share with each other. While it is true that users can see archived conversations , WhatsApp usually preserves all conversations on its servers for thirty days and then deletes them from them as soon as they are delivered.
The journey of a WhatsApp message
WhatsApp works as a direct type messaging platform , that is, users must use the servers as bridges to get their messages across.
In this regard, a WhatsApp message leaves the mobile device of a sender and reaches the platform’s servers. Then it is sent to the recipient and the text messages, multimedia content and the sender’s location are deleted . Also, it is possible to use WhatsApp Web to send messages from a computer.
Can WhatsApp conversations be used as evidence in trials?
With the rise in the use of communication technologies, the mention of conversations and dialogues that take place from messaging platforms such as WhatsApp has also increased in judicial proceedings . However, it is worth knowing if such conversations are really valid in the judicial sphere.
WhatsApp conversations: incriminating evidence?
At a general level, computerized judicial experts consider that WhatsApp conversations cannot be used as valid evidence, since they are manipulable. However, it is possible to assess whether there are backup copies of both the sender’s and the recipient’s messages. Given this, making a backup copy of WhatsApp chats in Google Drive is usually a reliable way to save this information.
The manipulation of digital files is a real fact. To this we must add the “anonymity” that messaging platforms guarantee, as well as the possible creation of accounts with a false identity. Therefore, it is possible to create a conversation that is not authentic.
The expert evidence
In all legal proceedings where WhatsApp conversations are to be used as evidence for or against, it is essential to develop an expert evidence in order to identify the identity of the sender and the recipient, the real origin of the conversation and the integrity of the content that Presents itself.
In these circumstances, the judge assesses the conversation and the other tests carried out taking into account the attitudes of both parties.
Obstacles
Currently, the development of the expert evidence corresponds to a very complex process. In this sense, computer experts must face anonymity under instant messaging systems and possible alterations of conversations without leaving any trace.
In this regard, it is important to note that since there are no backups on the servers of platforms such as WhatsApp, IT specialists must use tools to access the original conversations and in this way be able to issue a certification.
The validity of WhatsApp conversations for a civil and criminal trial
Both in a civil and criminal trial, it is necessary to present the conversations printed on paper, so it is recommended to learn how to print WhatsApp messages on Android , deliver a report that certifies the result of the expert test to the judge and issue the rest of the evidence to favor and allegations during the trial.
Some considerations
WhatsApp conversations are considered valid in court when certain considerations are met. First, the evidence must be lawful. Therefore, if the conversation violates privacy rights or the guarantee of confidentiality of communications , then it is not allowed in any way.
Second, the conversation presented must be authentic, that is, it must not have been altered or modified. Furthermore, the message must be clear and complete. Therefore, the full content of the conversation must be presented to the judge.
