Using WhatsApp Messages as Legal Evidence in Malaysia: What You Should Know

Q: I have a debt of RM 300k, but I did not enter into a written agreement with the debtor. We discussed everything via WhatsApp. Can those WhatsApp messages be used as evidence?

A: In short, YES. ✅

However, there are some points to consider:

1. Admissibility: 📝 If both parties agree on the authenticity, WhatsApp messages are easily admitted as evidence.
   

2. Disputed Authenticity: 🤔 If the authenticity is challenged, you must prove the messages are genuine, e.g., by linking a party's identity to their phone number.
   

3. Challenges: ⚠️ Screenshots can be problematic. They may lack proper date stamps or be easily manipulated. Exported chats are more reliable but still open to challenges. An ideal combination would be to take screenshots of particularly important messages and also export the entire chat log using WhatsApp's "Export Chat" function.
   

4. Disappearing Messages: 🚫 Mischevious counterparties may sometimes turn on the "Disappearing Messages" function to avoid being caught in writing—screenshot these conversations as a future contingency.
   

5. Best Practices: 🌟 Although WhatsApp messages are admissible in principle, it's always prudent to back up your claims with additional evidence—emails, recorded phone conversations, and written agreements.
   

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