The emergence of new forms of digital evidence has facilitated vast changes in how cases across the world are conducted. New methods are required to keep pace with the ever-changing litigation landscape, with the world becoming increasingly digital.

This blog looks into WhatsApp and whether conversations over the popular messaging app can serve as legitimate evidence in a courtroom.

Using digital evidence in court

The short answer to the title of this blog is: yes. WhatsApp messages, among many other forms of electronically stored information (ESI), can be used as evidence in a case.

There are many different types of ESI which can be used as evidence. Some examples include:

• Videos
• Photos
• Text messages
• Call logs
• Emails
• Social media posts
• Documents
• Databases

In the ever-expanding digital world, legal professionals must be familiar with the types of ESI used to support a case. However, for digital evidence to be legitimate, it must meet specific criteria.