--- title: "WhatsApp and SMS as Evidence in Tunisian Courts: Legal Value of Bailiff Reports" description: "Legal admissibility of WhatsApp and SMS messages in Tunisian courts: mobile bailiff reports, statutory electronic proof, and judicial procedures." url: https://www.huissierdejustice.tn/en/guides/preuve-whatsapp-tunisie source: https://www.huissierdejustice.tn/en/guides/preuve-whatsapp-tunisie generated_by: aeo.js --- # WhatsApp and SMS as Evidence in Tunisian Courts: Legal Value of Bailiff Reports Legal admissibility of WhatsApp and SMS messages in Tunisian courts: mobile bailiff reports, statutory electronic proof, and judicial procedures. [All Legal Guides](/en/guides)[Français](/guides/preuve-whatsapp-tunisie)[العربية](/ar/guides/preuve-whatsapp-tunisie)[English](/en/guides/preuve-whatsapp-tunisie) Digital Law & Electronic EvidenceOctober 21, 2026Drafted under the supervision of the Bailiff's Office ## WhatsApp and SMS as Evidence in Tunisian Courts: Legal Value of Bailiff Reports Legal admissibility of WhatsApp and SMS messages in Tunisian courts: mobile bailiff reports, statutory electronic proof, and judicial procedures. [Maître Nabil Baffoun](/en/a-propos) · Judicial officer (huissier de justice) in Tunis since 1998 - Tunis Court of Appeal jurisdiction - Former president of ISIE (elected 2019) - Internet evidence reports since 2010 Written and reviewed by the author — updated 21 October 2026[Full profile](/en/a-propos)[LinkedIn](https://www.linkedin.com/in/baffoun-nabil/)[Wikipedia](https://ar.wikipedia.org/wiki/%D9%86%D8%A8%D9%8A%D9%84_%D8%A8%D9%81%D9%88%D9%86)[Wikidata](https://www.wikidata.org/wiki/Q60438866) General legal information guide based on Tunisian law (Organic Law No. 2018-9, CPCC, COC). Specific legal outcomes depend on individual case facts and contract terms. ## 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** Step What the huissier de justice records Indicative timeframe 1. Identification of the phone and the line Brand, model, IMEI, serial number; number associated with the WhatsApp account Findings made in your presence at the office, generally 30 minutes to 1 hour 2. Conversation thread Transcription of the relevant messages with date and time; real number of the other party Same session 3. Attachments Transcription of voice messages, description and printing of photos and videos Same session 4. Delivery of the report Original of the report of findings Within 24 to 48 working hours --- ## 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: - **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. - **No certain date**: A printed screenshot does not demonstrate the authenticity of the server timestamp. - **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: - **Physical identification of the device**: Recording of the brand, model, IMEI number and serial number of the phone. - **Check of the SIM card and the line**: Recording of the phone number associated with the WhatsApp account and verification of the network connection. - **Findings on the conversation thread**: Continuous viewing of the message thread, full verbatim transcription of the relevant messages with precise date and time. - **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). - **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](/en/guides/constat-diffamation-facebook). --- ## 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](tel:+21699442883) - 32 Avenue de la Liberté, Lafayette, 1002 Tunis - Quick consultation: [Online form](/en/consultation) Practice area : Judicial Inspection Reports & Digital Evidence in Tunis ## Need Official Bailiff Assistance in Tunis? Maître Nabil Baffoun and his office assist domestic and international clients with prompt, compliant enforcement. [Explore our dedicated service](/en/services/constats) Recommended Related Guide ### Social Media Slander, Defamation and Insult: Authentic Bailiff Reporting Urgent bailiff internet report for Facebook and social media defamation in Tunisia under Penal Code (Art. 245/247) and Decree 54. [Read this guide](/en/guides/constat-diffamation-facebook) ## Frequently Asked Legal Questions Can a bailiff report on deleted WhatsApp messages? The bailiff can only attest to what is materially visible on the device at inspection time. Permanently deleted messages cannot be recorded. Do I have to leave my phone at the bailiff's office? No. The inspection takes place in your presence at the office (typically 30-60 minutes) and you retain your phone immediately afterwards. ### Questions regarding this procedure? Contact our Tunis Office Maître Nabil Baffoun's Office — 32 Avenue de la Liberté, Lafayette, 1002 Tunis [Call our office (+216 99 442 883)](tel:+21699442883)[WhatsApp direct](https://wa.me/21699442883)[Request consultation](/en/consultation)