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WhatsApp, emojis and the law: when justice gets a blue tick

Sunday Tribune

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October 26, 2025

LET’S face it: WhatsApp has become the unofficial national archive of South Africa. From birthday wishes to business deals, from gossip to government scandals, if it’s not on WhatsApp, did it even happen?

- ANDILE APRIL

WhatsApp, emojis and the law: when justice gets a blue tick

THE Electronic Communications and Transactions Act (ECTA) and the Law of Evidence are the guiding stars here, ensuring that digital communications aren't just admissible, they're scrutinised like a hawk eyeing a suspicious chicken.

(AFP)

But as our thumbs tap away, crafting messages, sending voice notes, and sprinkling emojis like confetti, a curious legal question arises: Can your WhatsApp messages land you in court or save you from it?

Gone are the days when evidence was all about dusty files, coffee-stained contracts, and witnesses who “don’t recall.”

Today, it’s about screenshots, voice notes, and that one message you sent at 02h03 that you didn’t mean to send.

South African courts, ever the pragmatic bunch, have increasingly accepted WhatsApp messages as corroborative evidence.

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