WhatsApp and SMS as Evidence in Tunisian Courts: Legal Value of Bailiff Reports

What is the legal value of a WhatsApp message before the court in Tunisia?

In Tunisia, a simple printed screenshot has only very weak or no probative value before the Tunisian courts. Easily falsified with free applications or image editing, it is almost systematically challenged by the opposing party. To give WhatsApp messages, SMS, e-mails or voice messages the probative force of an authentic instrument, it is essential to have an official report of findings (procès-verbal de constat) drawn up by a huissier de justice (judicial officer) (Law No. 2000-83 on electronic exchanges and the CPCC). The public officer directly examines the smartphone, records the metadata (sender number, date, time, exact content, integrity of the conversation thread) and certifies the authenticity of the exchanges. Organic Law No. 2018-9 of 30 January 2018 (article 13) indeed grants the huissier de justice the prerogative to draw up material findings on any physical or digital medium. The findings are made in your presence at the office, generally take 30 minutes to 1 hour, and the original report is delivered within 24 to 48 working hours.

The WhatsApp report of findings at a glance

1. Legal framework for electronic evidence in Tunisia

• Law No. 2000-83 of 9 August 2000 on electronic exchanges and commerce: establishes the principle that an electronic document is admissible as evidence in the same way as a paper document, provided that its integrity and attributability are guaranteed.
• Code of Obligations and Contracts (COC): article 421 et seq. governing the probative force of instruments drawn up by public officers.
• Organic Law No. 2018-9 of 30 January 2018 (article 13): grants the huissier de justice the prerogative to draw up material findings on any physical or digital medium.

2. Why a simple screenshot is rejected

Tunisian courts (civil, commercial, criminal and labour) frequently dismiss isolated screenshots for several reasons:

1. Risk of graphic manipulation: It is easy to change a contact's name in one's address book or to use a fake conversation generator.
2. No certain date: A printed screenshot does not demonstrate the authenticity of the server timestamp.
3. Truncated context: The screenshot may conceal replies or earlier messages that are decisive for establishing the truth of the facts.

3. Rigorous smartphone findings methodology at the Baffoun Office

To guarantee an unassailable report of findings before the Tunisian judge, Maître Nabil Baffoun applies a strict protocol:

1. Physical identification of the device: Recording of the brand, model, IMEI number and serial number of the phone.
2. Check of the SIM card and the line: Recording of the phone number associated with the WhatsApp account and verification of the network connection.
3. Findings on the conversation thread: Continuous viewing of the message thread, full verbatim transcription of the relevant messages with precise date and time.
4. Verification of the other party's number: Opening of the contact card to record the real underlying phone number (and not only the displayed nickname).
5. Voice messages, photos and videos: Physical description of the attachments, faithful transcription of the audio files and colour printing of the screenshots included in the report.

4. In which cases is the WhatsApp report of findings decisive?

• Acknowledgement of debt and commercial commitments: promises of payment, acceptance of quotes, orders placed by messaging.
• Labour law: professional instructions, insults or threats from a superior, resignation notified by message.
• Criminal cases and cybercrime: threats, blackmail, harassment or defamation.
• Leases and rental disputes: contested amicable agreements, admissions of unpaid rent.

To learn more about online defamation: Facebook defamation: how to have the evidence officially recorded.

Book an appointment at the Office of Maître Nabil Baffoun in Tunis

Do not take the risk of having your evidence rejected at the hearing. Contact our office for immediate findings on your smartphone:

• 📞 +216 99 442 883
• 📍 32 Avenue de la Liberté, Lafayette, 1002 Tunis
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