Legal admissibility of WhatsApp screenshots

Legal systems in Italy and Colombia have established precedents regarding the admissibility of WhatsApp screenshots as evidence in court.

In Italy, jurisprudence recognizes screenshots of WhatsApp messages as valid legal evidence under Article 234 of the Code of Criminal Procedure. Because these messages are viewed as existing data stored in a phone’s memory, they are classified as documents that can be acquired through photographic reproduction of the screen. This allows for the documentation of harassment or threats without requiring complex forensic extractions.

In Colombia, the Labor Cassation Chamber of the Supreme Court of Justice ruled that printed screenshots of WhatsApp messages serve as documentary evidence in labor law proceedings under Article 243 of the General Process Code. The court clarified that while these printouts may lack formal signatures, they are considered qualified evidence if the opposing party does not dispute their authenticity. However, the court noted that the evidentiary weight depends on the specific content; for instance, a screenshot failing to show a clear response from an employer cannot be used to prove authorization.