WhatsApp Evidence in Stalking Cases: A Turning Point for Italian Courts
Italian courts have definitively ruled that screenshots of WhatsApp messages are admissible evidence in stalking cases, even without requiring the seizure of the entire chat history. This landmark decision, confirmed by the Court of Cassation in sentence no. 6024/2026, streamlines the legal process for victims and clarifies the evidentiary standards in digital harassment cases.
The Ruling: Screenshots Stand as Valid Proof
The core of the ruling centers on the validity of screenshots provided by the victim. Previously, there were concerns that only the complete chat log could be considered reliable evidence. The Cassation Court has now dismissed this concern, stating that, in the absence of evidence questioning the victim’s credibility, screenshots are legitimate proof of stalking behavior.
This decision rejects arguments from the defense, which claimed that examining only a portion of the conversation risked selective and manipulative presentation of evidence. The court emphasized that the onus is on the defendant to demonstrate manipulation or unreliability, not on the victim to provide the entire chat history.
Privacy Considerations and the Role of Consent
A key aspect of the ruling addresses privacy concerns. The court clarified that a warrant to seize correspondence (as outlined in Article 254 of the Italian Code of Criminal Procedure) is not necessary when the conversation is willingly provided by one of the participants. By participating in the exchange, individuals implicitly waive their right to privacy regarding the content of that communication when it’s presented as evidence.
This principle reinforces the idea that individuals are responsible for their own communications and cannot later claim privacy violations when those communications are used to demonstrate harmful behavior.
Implications for Future Cases and Digital Evidence
This ruling sets a significant precedent for future stalking and harassment cases involving digital communication. It simplifies the evidentiary process for victims, reducing the burden of proof and potential delays caused by lengthy requests for complete chat logs.
The decision also highlights a broader trend of courts adapting to the realities of digital evidence. As more interactions occur online, the legal system is increasingly recognizing the validity of screenshots, emails, and other digital records as legitimate forms of proof.
The Defense’s Responsibility: Proving Manipulation
The court underscored that the defense failed to produce the complete chat history to support claims of selective evidence presentation. This highlights a crucial point: the responsibility lies with the defendant to demonstrate any manipulation or misrepresentation of evidence, rather than simply alleging it.
This reinforces the principle of concrete demonstration in legal proceedings – claims must be supported by tangible evidence, not merely assertions.
FAQ: WhatsApp Evidence and Stalking Cases
- Is a complete chat log always required in stalking cases? No, screenshots are now considered valid evidence, provided the victim’s credibility isn’t in question.
- Does the victim need a warrant to submit WhatsApp messages as evidence? No, a warrant isn’t required if the victim willingly provides the screenshots.
- What if the defense claims the screenshots are manipulated? The defense must provide evidence to support this claim, such as presenting the complete chat log.
- Does this ruling apply to other messaging apps? While the ruling specifically addresses WhatsApp, the principles are likely applicable to other messaging platforms as well.
Pro Tip: If you are experiencing stalking or harassment, document all interactions, including screenshots of messages, emails, and social media posts. This documentation can be crucial evidence in legal proceedings.
Did you recognize? The Cassazione also ruled in 2025 (sentence 32770/2025) that persistent unwanted contact via WhatsApp can constitute a crime, even if the victim had the ability to block the sender.
Want to learn more about digital evidence and legal rights? Explore our articles on cybercrime and online harassment. Share your experiences and thoughts in the comments below!
