I will Whatsapp you the details
, is a commonly used statement as Whatsapp
is a frequently used online platform compared to any other electronic
communication platform. With a constant increase in the usage of Whatsapp
messages in our daily routine, a lot of people have started asking if these
messages can be used written evidence before the court of law. Well, Top
Lawyers of Dubai affirms the acceptance of Whatsapp messages in the courts
The law governing the electronic evidence is Electronic Transactions and
Commerce Law Number 2 of 2002 herein mentioned as the Electronic
Transactions Law. Wherein, Article 8 of the Electronic Transactions Law
stipulates that "where the rules of law require any documentary proof,
records or any written information, for whatever reasons, that requirement
can be satisfied by obtaining such document, record or information in any
electronic form, if the following conditions are met:
- The record is retained in the original format in which it was sent
or received or in a format in which can demonstrate the original message
recipient or sender;
- The information is stored in such a manner that it can be used for
It is evident from the foregoing provision that the Whatsapp message
retained in your mobile device can be utilized as evidence. However, any
message transferred from any other electronic device to your mobile device
cannot be treated as evidence.
In addition, Article 12 of the Electronic Transactions Law all the contents
retained in the electronic device can be utilized as evidence in the courts;
the law reads as follows: "Nothing will prevent any electronic transaction
from being utilized as proof in the court:
- Only because the communication or signature was obtained
- Only because the signature or communication was not in its original
form and if that electronic document is the only best evidence that can
be provided by the claimant and was reasonably obtained."
Another significant provision for any commercial dispute between the
parties in Article 13 of the Electronic Transactions Law which mentions that
"for the purpose of any contract, it is allowed to have any express offer,
acceptance through electronic means either partially or wholly.
Further, no contract shall be deemed invalid only on the ground that it was
finalized through an electronic communication platform."
Based on the aforesaid provisions, all courts in UAE accept Whatsapp
messages as relevant proof in any proceedings be it criminal, civil,
commercial, or family disputes between the parties. However, it is pertinent
to highlight that these communications shall be printed and translated in
Arabic to be deemed accepted in the court as evidence.