Multimedia messaging platforms, such as for example Whatsapp, today represent one of people’s favorite means of communicating. On them you can send text messages, photos, videos and much more. It may sometimes happen that among the messages exchanged there are some compromising ones and that, therefore, a user decides to use them as test in a legal venue.
But is this possible? In some cases, Yes. But the ways in which this can happen are not obvious. In this article we try to delve deeper into the ways in which the WhatsApp chats may have evidentiary value.
When do WhatsApp chats have legal value?
Chats on WhatsApp, as well as screenshots and SMS, can have legal value in a trial. However, jurisprudence places constraints in this regard. According to the ruling of 22 March 2024 n. 3236For example, screenshots and Whatsapp chats have no legal value if they are reported in a simple file Word. This decision is, at least in part, attributable to the fact that files of this type are easily modifiable and, consequently, falsifiable.
On the contrary, according to article 2712 of the Civil Code, WhatsApp messages and chats can have legal value if they are presented in format PDF after they have been reported in the form of mechanical reproductions of the original messaging. Furthermore, the Court of Cassation also expressed its opinion in this regard, which affirmed, with sentence number 49016 of 2017that, for the chats to be taken into consideration as evidence, it is also necessary to deposit the support with the competent court – probably it smartphones – on which the chats are present.
In fact, finally, according to what was stated in a sentence by the Court of Florence, WhatsApp chats (and everything similar to them) have the value of full proof, at least until those against whom they are produced deny their conformity. Even if this happens, however it may be, it is not sufficient to declare oneself extraneous to the disputed facts, but it is necessary to justify one’s position.
How to export a WhatsApp chat
As we have seen, to request the use of a WhatsApp chat as evidence in a legal process it is necessary to acquire it in PDF format, so that it cannot be modified. The quickest way to do it, for both iOS and Androidis to export it directly using the app function.
To do this, simply open the desired chat, go to the settings and select “Export chats“.
This way it will be possible to send the entire chat to your email, with or without multimedia files, and use it for yours legal purposes.
