WhatsApp messages: Are they legal evidence? | Altlaw

Written by Altlaw | Dec 5, 2022 3:31:43 PM

The emergence of new forms of digital evidence has facilitated vast changes in how cases across the world are conducted. New methods are required to keep pace with the ever-changing litigation landscape, with the world becoming increasingly digital.

This blog looks into WhatsApp and whether conversations over the popular messaging app can serve as legitimate evidence in a courtroom.

Using digital evidence in court

The short answer to the title of this blog is: yes. WhatsApp messages, among many other forms of electronically stored information (ESI), can be used as evidence in a case.

There are many different types of ESI which can be used as evidence. Some examples include:

  • Videos
  • Photos
  • Text messages
  • Call logs
  • Emails
  • Social media posts
  • Documents
  • Databases

In the ever-expanding digital world, legal professionals must be familiar with the types of ESI used to support a case. However, for digital evidence to be legitimate, it must meet specific criteria.