By judgment no. 2381/2021 dated 31/08/2021, the Supreme Court of Justice established that instant messaging via WhatsApp or any other digital platform, such as Twitter, Teams, Zoom, Telegram, among others, allows users to have free communication, due to the fact that they can send written messages, voice notes, video recordings, images, contacts, etc.
It is for this reason that the conversations carried out in these ways must be admitted as evidence and be evaluated with other elements of proof, in order to construct the legal truth to which the law will be applied, as long as they comply with the procedural rigours: a) that these conversations are obtained in a lawful manner, that is, without violating the right of the party to whom they are opposed; and, b) that they are authentic and complete, that is, that they do not contain alteration, modification, or manipulation.
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Written by José Jeréz, Associate.
