SMS, whatsapp and social messaging: be careful what you write.
Previously I had already provided information on the use of this messaging as evidence in trials, and given the constant evolution of these tools and the related jurisprudential decisions, I thought of giving you a bit of an update.
When using social messaging, one must always be careful what one writes, not only out of common sense and politeness, but also because of the consequences that such content can have. For instance, it was confirmed by a recent ruling, that a whatsapp message has value as evidence in court. It should be specified that, for this purpose, it is also necessary to produce the computer support (the smartphone, perhaps backing it up on a replacement device), in which the message is present, so that the existence of the message in the device and its date can be verified.
One must always be careful what one writes even by technological means, even when one thinks that no trace of it remains, perhaps by using social networks or messages, that are deleted after being read or that are in any case deleted within a short time. In fact, notoriously, all messages can be tapped, without the unwitting user being readily aware of them. There are many software programs with these characteristics, among them the so-called ‘trojans’. It has to be said that, specifically in the case of criminal proceedings, they can only be used as evidence, if previously authorised by the prosecutor for specific offences. From a practical point of view, however, the prosecutor still has knowledge of them, as do private individuals who make use of them.
Under these circumstances, it means also that a process is already underway.
But, instead of hiring a lawyer for costly and time-consuming litigation, it is always more advantageous to do so beforehand, in order to always get the best advice.
last update September 2024