Can WhatsApp messages, screenshots and emails be used as evidence in a Malaysian court?

Much of modern life happens in chats and inboxes. Agreements are confirmed on WhatsApp, apologies are sent by email, threats arrive as voice notes. Naturally, people ask whether these messages count in court. They can, but how you keep and present them matters.

Are WhatsApp messages and emails admissible in Malaysia?

Generally, yes. The Evidence Act 1950 treats electronic records as documents. Section 90A deals specifically with documents produced by a computer. In broad terms:

• a document produced by a computer is admissible as evidence of the facts stated in it if it was produced in the ordinary course of use of that computer;
• this may be proved by a certificate signed by a person responsible for the management or operation of the computer;
• the section also contains provisions on when a document is deemed to be produced in the ordinary course of use, and the court can still assess its weight.

"Computer" is defined widely and covers phones, laptops and servers.

Being admissible does not mean being believed. The court still decides how much weight to give the messages.

What is the difference between the original and a screenshot?

The Evidence Act distinguishes primary evidence (the document itself) from secondary evidence (such as copies) in sections 62 to 65. With electronic messages:

• the original is the data on the phone, computer or account;
• a screenshot or printout is a representation of it.

Screenshots and printouts are routinely used, but if authenticity is disputed, the court may want to see the device or a full export. That is why keeping the original matters.

Have a question about your own situation? Ask on WhatsApp

How can the other side challenge my messages?

Common challenges include:

• authenticity: the messages were fabricated, edited or sent from someone else's account;
• completeness: the screenshot leaves out messages that change the meaning;
• identity: it is not proven that the other person used that number or account;
• context: a message was a joke, sarcasm or part of a longer discussion.

The best answer to these challenges is a full, unaltered record and a witness who can explain how it was kept.

How should I preserve electronic evidence?

1. Keep the device. Do not reset, sell or factory-wipe the phone.
2. Export the full chat (WhatsApp "Export chat", with media if relevant) and save the file.
3. Take screenshots that show context: the contact's name and number, dates and surrounding messages.
4. Save emails in their original format, not only as printouts, so header information is kept.
5. Back up to a secure place, and note when and how you did so.
6. Record who had access to the phone or account.

Do not edit, crop misleadingly, delete messages that hurt you, or re-type messages as if they were originals. Fabricating or altering evidence is an offence; see our article on perjury and false evidence.

What happens when messages are used at trial?

Your lawyer will usually include the messages in the bundle of documents. If the other side agrees they are authentic, they may go into an agreed bundle; if not, they must be proved. See our article on originals, copies and the agreed bundle.

You may be asked in cross-examination how you saved the messages, whether you deleted anything, and whether others could use your phone. Answer truthfully. If you deleted something, say so.

Common mistakes

• Only keeping cropped screenshots and losing the phone.
• Deleting unhelpful messages, which can damage credibility and may raise an adverse inference.
• Forwarding chats around before getting advice, especially in defamation matters.
• Using messages obtained by hacking someone else's account.
• Translating messages yourself without saying so; important translations should be done properly.

When to speak to a lawyer

Speak to a lawyer if your case depends on messages or emails, if the other side says your messages are fake, or if you are unsure how to preserve evidence before a phone is lost or seized. Chris & Partners, led by Dr Chee Hui Bing, handles civil and criminal litigation, including defamation and commercial disputes. Contact us; every case depends on its facts.

Frequently asked questions

Do I always need a section 90A certificate?

Not always. The certificate is one way of proving the document was produced in the ordinary course of use. Whether one is needed depends on the case; ask your lawyer.

Can voice notes be used as evidence?

Generally they can be treated as electronic records too. A transcript, and a translation if needed, is usually prepared.

Can I record a call and use it in court?

Recordings have been used in court, but there are legal and practical issues. Take advice before relying on one.

What if the other side deleted the messages?

Your own copy may still be used. Your lawyer can also consider discovery applications.

Are screenshots from a group chat enough?

They can help, but a full export showing who said what, and when, is more reliable.

Sources & fact check

Legal points in this article were checked against the primary sources below. The law can change; this is general information, not legal advice.

1. Evidence Act 1950 (Act 56), including section 114A, AGC Laws of Malaysia
2. Evidence Act 1950 (Act 56), Part III Chapter X: examination of witnesses (ss.137-166), AGC Laws of Malaysia
3. Rules of Court 2012 (P.U.(A) 205/2012), text published by the Malaysian Bar, including Orders 12, 13, 18, 19 and 93
4. Penal Code (Act 574), Attorney General's Chambers Laws of Malaysia

Fact-checked on 17 Oct 2026