Allegations of Manipulation in WhatsApp Conversations and the Judge's Criteria for Evaluating the Messages

Entrance

WhatsApp conversations are frequently presented as evidence in criminal, divorce, employment, business, and debt collection cases. However, presenting only screenshots of conversations, selecting specific parts, taking messages out of context, deleting previous messages, or using provocative language to elicit a specific response from the other party raises serious questions about the reliability of this evidence.

The fundamental question here is: Does the judge evaluate the words in the message solely based on their literal or dictionary meaning, or does he/she also consider the entire correspondence, the relationship between the parties, and the circumstances under which the message was sent?

In Turkish law, judges are not bound to evaluate WhatsApp messages solely based on the initial and superficial meaning of the words. While the wording of the message is a starting point, the entire conversation, preceding and subsequent messages, the nature of the relationship between the parties, the time the message was sent, the background of the event, the tone used, and the purpose of sending the message must all be examined together.

1. The Legal Nature of WhatsApp Conversations

According to Article 199 of the Code of Civil Procedure, data in electronic form is considered a "document" if it is suitable for proving the facts in dispute. Therefore, WhatsApp messages, SMS records, emails, voice messages, and social media correspondence can be submitted as documents in a legal proceeding.

However, the acceptance of a WhatsApp message as evidence does not automatically mean its content constitutes accurate or conclusive proof. According to Article 198 of the Code of Civil Procedure, judges freely evaluate evidence, except in cases of legal exceptions. Furthermore, evidence obtained illegally cannot be considered in proving a fact, according to Article 189/2 of the Code of Civil Procedure. The burden of proof, as a rule, rests with the party seeking to derive a legal outcome in their favor based on the content of the message.

A similar system exists in criminal proceedings. According to Article 217 of the Code of Criminal Procedure, a judge can base their decision only on evidence presented at the hearing, discussed in the presence of the parties, and obtained lawfully. Therefore, merely submitting a WhatsApp message to the file is not sufficient; the authenticity of the evidence, the method of its acquisition, its completeness, and its consistency with other evidence must also be evaluated.

2. The judge is not bound solely by the literal meaning of the message

When determining the legal meaning of a message, the ordinary meaning of the words is, of course, taken into account. However, especially in cases of defamation, threat, blackmail, harassment, stalking, and tort allegations, relying solely on the dictionary definition of a sentence is insufficient.

The following factors are important in evaluating the message:

• Which phrases were used before and after the message?
• How long the parties have been meeting and under what kind of relationship,
• Whether the correspondence occurred during an argument, negotiation, debt collection, or emotional conflict,
• Whether the message is a serious declaration of intent, an expression of anger, irony, or criticism,
• How likely is the message to objectively create an impact on the recipient?
• Emojis, voice messages, images, and response times,
• Whether specific parts of the correspondence were omitted or not,
• The question is whether the other party is formulating their messages in a manipulative or provocative manner.

The Constitutional Court also accepts that statements and messages should be evaluated within the context of the entire event, without being taken out of context. In a decision concerning messages exchanged between spouses, the Constitutional Court examined both the wording of the statements and the context in which they were used; it concluded that the harsh words spoken in anger constituted not a threat but rather strong criticism in the specific case.

In another decision, the Constitutional Court found it insufficient to use certain expressions as a basis for punishment without examining the entire text; it stated that an abstract assessment made without considering the person targeted by the expressions, the manner in which they were said, the positions of the parties, and the text as a whole would be incorrect.

Therefore, it is not sufficient for the judge to make a purely mechanical assessment such as "this word is in the message." The meaning of the word within a specific correspondence and the purpose for which it was used must be explained with reasoning.

3. Two Different Aspects of the Manipulation Allegation

Allegations of manipulation in WhatsApp conversations can manifest in two different ways.

A. Technical manipulation

Technical manipulation refers to the subsequent alteration of a correspondence image or digital data. For example:

• Cutting off the screenshot,
• Hiding previous or subsequent messages,
• Modifying the message text using an image editing program,
• Saving the person's name differently in the directory,
• Extracting the date and time information,
• Combining different conversations into a single conversation,
• Creating a message as if it were sent when it hasn't been sent
• Some messages are deleted, and only certain responses are displayed.

If such a claim exists, evaluating it solely based on printouts or screenshots may not be sufficient. The original phone should be examined, chat data exported, the message database and date/time information compared, backups reviewed, and a report from a forensic IT expert obtained if necessary.

Indeed, in its decision dated December 16, 2024, numbered 2023/3675 and 2024/9976, the 2nd Civil Chamber of the Supreme Court of Appeals ruled that the party relying on WhatsApp messages, the ownership of which is denied, must prove that these messages belong to the relevant person and were obtained legally. It was stated that screenshots cannot be used as the basis for a judgment without proving ownership and legality.

B. Speech or behavior manipulation

Conversation manipulation, on the other hand, is the deliberate direction of correspondence to elicit a specific response from the recipient, even though the message itself is not technically altered.

For example, a person:

• His tendency to constantly ask the same question in different ways,
• Trying to provoke the other side,
• Making false accusations,
• Sending messages that elicit an insulting or threatening response,
• Attempting to elicit a confession through leading phrases like, "So you admit this,"
• Only withholding the answers that are in his favor,
• Interrupting the other side's explanations and trying to elicit one-word answers,

This can affect the evidentiary value of the correspondence and the interpretation of its content.

Even if the message is technically true in such a case, the psychological and communicative processes that led to its sending must be investigated. This is because a sentence uttered spontaneously may not be subject to the same legal evaluation as one uttered as a result of prolonged and severe provocation or manipulation.

4. Are Manipulative and Provocative Messages a Special Type of Evidence?

Manipulative or provocative messages are not a distinct category of evidence specifically named in the law. However, such messages require more careful consideration in terms of the reliability of the evidence and the legal nature of the alleged act.

The judge must answer the following questions in particular:

1. Has the correspondence been submitted in its entirety?
2. Do the messages really belong to the person they claim to be from?
3. Were the communications obtained legally?
4. What statements did the other party make before the message?
5. Does the message contain a plan, a threat, or a confession of guilt, or is it merely a reaction of momentary anger?
6. Did the other side deliberately carry out a provocation in order to receive the message?
7. Is the content of the message corroborated by other evidence?
8. Does the presented screenshot take on a different meaning when the entire correspondence is examined?

Establishing legal responsibility based solely on a single message or sentence without answering these questions can lead to erroneous conclusions.

5. The Impact of Inciting Messages in Criminal Proceedings

Regarding the crime of insult

Whether an expression used in an insult is capable of belittling a person is determined by considering the time, place, the relationship between the parties, the development of the event, and the reason for the statement. The same word may constitute a direct insult in one instance, while in another it may be considered criticism, reproach, or rudeness.

Furthermore, Article 129 of the Turkish Penal Code stipulates that if an insult is committed as a reaction to an unjust act, the sentence may be reduced or the court may waive the punishment altogether. Similarly, if the insult is committed mutually, depending on the nature of the incident, it is possible for one or both parties to receive a reduced sentence or be exempted from punishment.

Therefore, considering only the last insulting message sent by the defendant, and not including the humiliating, provocative, or unfair messages sent by the complainant before that, may lead to an incomplete assessment.

Regarding the crime of threat

In cases of threats, it is not only the words used that should be examined, but also whether the message is objectively likely to create serious fear or anxiety in the recipient.

Phrases like "We'll see each other again," "You'll pay for this," or "I'll find you" cannot be automatically considered threats in every instance. The parties' previous relationship, history of physical violence, frequency of messages, the perpetrator's ability to reach the recipient, and the entirety of the correspondence must be evaluated together.

Conversely, messages that clearly contain an intent to kill, injure, or cause serious damage to property, and that appear serious in the specific circumstances, may constitute the crime of threat, even if the other party has previous behavioral history. Being provoked does not automatically negate the material element of the crime.

In terms of unjust provocation

Article 29 of the Turkish Penal Code stipulates a reduction in punishment if a crime is committed under the influence of anger or intense distress caused by an unjust act.

In this context, for manipulative messages to constitute unjust provocation:

• The existence of a wrongful act originating from the victim,
• This act causes anger or intense distress in the perpetrator,
• There must be a causal link between the crime committed and the wrongful act
• The reaction is carried out under the influence of this mental state

is necessary.

Not every harassing or persistent message constitutes unjust provocation. However, messages containing serious insults, defamation, disclosure of private life, threats, or systematic humiliation may be taken into account in the assessment of unjust provocation, depending on the specific circumstances of the case.

6. Evaluation in Law, Family and Labor Cases

In civil and family courts, allegations of infidelity, acknowledgment of debt, formation of a contract, employee resignation, employer instruction, mobbing, or culpable conduct can be based on WhatsApp messages.

However, if the other party claims that the messages are not theirs, that the screenshots were edited, or that the entire conversation was not presented, the judge cannot reject this objection without justification.

The party relying on the messages is expected to highlight the following points in particular:

• The connection between a phone number and a person,
• The original device's equivalent of the correspondence,
• The dates and times of the messages,
• The full speech,
• Witnesses corroborating the messages, payments, emails, contracts, or other records,
• The correspondence was obtained lawfully.

Records consisting only of selected screenshots, where the phone number is not visible, date and time information is missing, or previous messages are cut off, will have weaker probative value.

7. How Should an Allegation of Manipulation Be Made?

An abstract objection such as "the messages have been manipulated" is often insufficient. The objection needs to be substantiated.

For example, the following points must be clearly demonstrated in the defense:

• Which messages are missing?
• Which screenshots were cropped?
• Discrepancies in date or time order,
• The provocative messages from the other side were not submitted to the file
• The messages were not found on the original device,
• The person's name may actually belong to a different number,
• The correspondence contradicts other evidence,
• There are discrepancies in font, line spacing, or visual consistency in the screenshots.

In addition, from the court;

• Examination of the original phone,
• Forensic analysis of the phone,
• Exporting the entire correspondence,
• Investigation of deleted messages and media records,
• All messages within the relevant date range should be evaluated together
• Obtaining an expert report if necessary

It can be requested.

Conclusion

When evaluating WhatsApp conversations, the judge is not solely bound by the literal meaning of the words used in the message. Literal meaning is the starting point of the analysis, but it is not sufficient on its own.

When determining the legal meaning of a message, the entire correspondence, the chronological order of the messages, the relationship between the parties, preceding and subsequent statements, the purpose of sending the message, the conduct of the parties, and other evidence should be considered together.

While manipulative or provocative messages do not constitute a separate type of evidence;

• It can reduce the reliability of the evidence
• You can change the context of the message
• It can affect whether or not the perpetrator acted with intent
• It can be important in determining whether the elements of insult or threat have been met
• This could bring up the application of Articles 29 or 129 of the Turkish Penal Code
• The correspondence may need to be sent for technical review.

Therefore, instead of determining conviction, fault, or legal responsibility based solely on a single sentence or selected screenshot, a verifiable and reasoned assessment should be made based on the complete correspondence and the entirety of the event .