📸 Nature and Limitations of Screenshots

A screenshot is a static image that reproduces the visible content on a device screen at a given moment. While they can provide a visual representation of an online conversation or activity, they lack the metadata to certify their authenticity and origin. This makes them susceptible to manipulation using digital editing tools, raising questions about their reliability as evidence.

⚖️ Probative Value in Criminal Proceedings

1. Authenticity and Integrity

For a screenshot to be accepted as evidence, it is crucial to demonstrate both its authenticity (that the content is what it is claimed to be) and its integrity (that it has not been altered). Since screenshots themselves do not provide technical guarantees of these characteristics, their probative value is limited.

2. Burden of Proof

When a screenshot is presented as evidence, it is up to the party presenting it to prove its authenticity and integrity. This may involve conducting a forensic examination to verify the origin and veracity of the content.

3. Circumstantial Evidence

In some cases, screenshots may be considered circumstantial evidence, meaning that they act as clues that, when combined with other evidence, can help establish the truth of the alleged facts. However, on their own, they are generally insufficient to justify a judicial decision.

🧪 Recommendations for Presentation

To strengthen the validity of screenshots as evidence, it is recommended to:

• Accompany them with an expert report certifying their authenticity and integrity.

• Preserve the original devices containing the conversations or activities, for potential forensic analysis.

• Present the screenshots in their original format, avoiding modifications that may raise doubts about their authenticity.

  
  

📰 Recent Cases and Jurisprudence

In a recent ruling, the High Court of Justice of Catalonia rejected the use of WhatsApp screenshots as evidence in a labor case, arguing that there was insufficient evidence to certify their authenticity. This decision highlights the importance of technical guarantees to validate digital evidence presented in court.

✅ Conclusion

Screenshots can be useful as supporting elements in a criminal case, but their probative value is limited unless accompanied by technical guarantees certifying their authenticity and integrity. It is essential for parties involved in digital litigation to understand the legal implications of presenting this type of evidence and take appropriate measures to ensure its validity.