Authenticity and due process of Whatsapp messages: A review in divorce cases

Abstract

The article analyzes the authenticity of Whatsapp messages as evidence in the judicial process of divorce cases and their impact on the protection of the principle of due process in Colombia. The study is based on a socio-legal approach and information collection techniques such as document review, focus group, interview with experts and non-participant observation are used. The results show that the ease of modifying Whatsapp messages, even without the greatest technical knowledge through free applications, generates the need to thoroughly review the authenticity of the messages, to avoid disregarding the principle of due process; being the hash code a factor that contributes to guaranteeing the authenticity of the digital proof and therefore, it must be implemented in divorce cases.