Are WhatsApp screenshots valid as evidence in court?
Yes, because the law accepts as evidence any means that makes it possible to establish the facts. Screenshots, which are images of a conversation captured from the screen, are now very common evidence in the courts. If the other party does not deny having written those messages, the screenshots can carry a great deal of weight. If they do deny it, whoever submits them has to back them up because a screenshot is easily tampered with and, in the end, the judge decides what weight to give them together with the other evidence. What is not valid, in principle, is a screenshot obtained by accessing another person's phone without permission.
Alburquerque Abogados
What weight they carry
The “Ley de Enjuiciamiento Civil”, Spain's Civil Procedure Act, does not mention WhatsApp, but it accepts as evidence documents and instruments that make it possible to know or reproduce words and data. A screenshot falls within that. Its value depends above all on how the person it goes against responds.
If that person does not deny having written those messages, the argument is no longer about whether they exist but about what they mean. And denying them without reason is costly in terms of credibility if they are later shown to be genuine.
If that person denies them, it is for whoever submits the messages to prove that they are genuine. The “Tribunal Supremo”, Spain's Supreme Court, warned in 2015 that this kind of evidence must be treated with caution, because digital files can be tampered with. The strongest evidence is a report from a digital forensics expert who examines the phone, although authenticity can also be supported by other evidence, such as the testimony of the person who received the messages, or payments and emails consistent with them. In addition, the other party usually has the same conversation on their phone. If they merely deny it without showing their own version, the judge can take this into account, because the law requires the judge to consider what evidence each party had available. And if in the end the doubt cannot be resolved, the judge does not simply discard the screenshots but assesses them using logic and experience together with the rest of the evidence.
What reduces their value
Screenshots of the following kinds carry less weight, or none at all:
- Isolated or cropped ones, which do not show the rest of the conversation or the context of what was said.
- Those that do not show who is writing, because the phone number is not visible, only the name under which the contact was saved, which anyone can change.
- Those of messages that are no longer on the phone of the person submitting them, because that person deleted them or changed phone without making a backup. If the other party denies them, it will be very difficult to prove that they are genuine.
- Those obtained by accessing another person's phone or account without permission. As a general rule they breach that person's privacy and the secrecy of their communications, so they are not valid as evidence and may amount to a criminal offence.
On the other hand, you can submit the messages you sent or received, even if the other person does not know that you are going to use them, provided you confine yourself to what matters for the case.
This answer is provided for educational purposes and offers initial guidance on the question raised. Every matter has its own circumstances and nuances that require individual assessment. For that reason, before taking decisions with significant consequences, it is advisable to consult a professional and not to rely solely on this information. Personalised advice makes it possible to apply these explanations to the specific case and to assess the options available with greater certainty.