Italian Court Rules Illegally Obtained WhatsApp Messages Inadmissible Evidence
Rome, June 20, 2025 - ItalyS highest court has reaffirmed that WhatsApp messages, along with emails and SMS, retain the legal status of “correspondence” even after being received, requiring seizure warrants under Article 254 of the Code of Criminal Procedure. Acquisition via methods like screenshots taken by police without a warrant renders the evidence pathologically unusable, even in abbreviated proceedings.
The ruling, issued today, dismissed an appeal based on the alleged improper acquisition of whatsapp messages. The court found the appellant failed to demonstrate how the possibly inadmissible evidence impacted the overall conviction, citing a broader evidentiary platform presented by the prosecution.
Specifically, the court emphasized the need for appellants to conduct a “resistance test,” illustrating the incidence of the allegedly unusable element – demonstrating that its removal would alter the conviction. Previous rulings cited in the decision include Section 6, n. 39548 of September 11,2024,and Section 2,n. 25549 of May 15, 2024, both highlighting the inadmissibility of WhatsApp messages obtained through unauthorized screenshots. Further precedent was referenced from Section 3, n. 39603 of October 3, 2024, and Chair 2, n. 7986 of November 18, 2016.
The appellant was ordered to pay procedural costs and a €3,000 fine to the Cassa delle Baglie.
