WhatsApp messages and screenshots as evidence
WhatsApp messages or screenshots can play a role in a criminal case. Don't just look at one striking sentence. The origin, completeness and context of the conversation must be investigated.
Duration: 1:31
Further reading and sources
This video summarises the main points. The full article provides more detail, exceptions and official sources. This information does not replace advice about your case.
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Download the transcriptCriminal Law in the Netherlands.
WhatsApp messages or screenshots can play a role in a criminal case. Don't just look at one striking sentence. The origin, completeness and context of the conversation must be investigated.
A visible name does not in itself prove who sent the message. Discuss what information supports the sender, account, and use of the device.
A loose fragment can miss important context. Note which messages are missing and why they might be relevant. A substantive objection requires more than just saying that something has been taken out of context.
Save available original messages and files. Do not cut or alter material to strengthen your story. Discuss with your lawyer how data and its origin can be kept securely.
Distinguish between a possible spoofed message, an incomplete conversation and another interpretation of the same text. Each point requires different research or supporting material.
Provide your attorney with an overview of the disputed messages, missing context, and available resources. Have an assessment made of which research is useful and what data is required for this.
Read the full explanation on the Criminal Law in the Netherlands website.
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