Can WhatsApp evidence be used in court?

        



Answer is: YES


Here is a write up on the important criteria to look out for in admitting WhatsApp communication as evidence in court:

Firstly, the safest course of action would be to produce the original WhatsApp messages as they appear on the witness’ phone.

Secondly, parties may choose to rely on a combination of both screenshots of the messages in question as well as the exported text versions of the conversation, for completeness.

Thirdly, parties should make an effort to obtain corroboration of the evidence in the WhatsApp conversation.

This may include producing the witness of the other party to the conversation and having them produce their end of the WhatsApp conversation as corroboration.

Adducing other relevant and contemporaneous evidence of the matters referred to such WhatsApp conversations is, of course, trite and good practice.

Ultimately, what is clear is that WhatsApp evidence should, ideally, not form the linchpin of any party’s case in Court, given the various ways in which such evidence can be challenged.

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