Today, technology is fully integrated into our daily lives, and with it, digital evidence has become a key component in legal proceedings. One of the most frequent scenarios involves the submission of WhatsApp messages as evidence to support or challenge certain facts, which requires verifying their origin, authenticity, and integrity.
It is common for one of the parties to present printed WhatsApp messages as documentary evidence. However, this type of presentation lacks technical guarantees, as such messages can be altered, forwarded, or fabricated. For this reason, a simple printout is not sufficient to prove evidentiary validity, and it is easily challengeable if not accompanied by proper forensic analysis.
“The Supreme Court ruling conditions the need for expert analysis on whether the defense contests the authenticity of the messages. In this case, the defense did not challenge the authenticity of the messages either in the provisional conclusions or as a preliminary issue at the oral trial, which means that the prosecution cannot be required to provide expert analysis when there was no such challenge.”
“Expert analysis only makes sense when the authenticity of the messages is disputed. If the defense acknowledges having sent them, that admission allows them to be considered authentic.“
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