The Use of Facebook Messages as Evidence: Comment on Judgment No. 46715 of 2024

Judgment No. 46715 of November 26, 2024, by the Court of Cassation represents an important reference point for the regulation of evidence in the context of digital communications. In particular, the Court ruled on the acquisition and evidentiary use of messages exchanged on Facebook chat, clarifying that these are not subject to the limitations provided for telecommunications traffic data.

The Regulatory Context

The Court examined the applicable regulations, referring to Article 132 of Legislative Decree No. 196 of June 30, 2003, as amended by Decree-Law No. 132 of September 30, 2021. This rule establishes the conditions for acquiring telecommunications traffic data, but according to the judgment, Facebook messages fall instead into the category of intercepted communications. This means that, although not contextual communications, the messages constitute communication flows and, therefore, must be treated according to the rules on interceptions.

Messages exchanged on "Facebook" "chat" and stored on the "server" - Applicable regulations - Indication - Reasons. The acquisition and evidentiary use of the content of messages exchanged on "Facebook" "chat" and stored on the service provider's "server" do not encounter the limits provided for telecommunications traffic data by Article 132 of Legislative Decree No. 196 of June 30, 2003, as amended by Article 1 of Decree-Law No. 132 of September 30, 2021, converted, with amendments, by Law No. 178 of November 23, 2021, but are instead subject to the regulations on interceptions, given that "chats," even if not contextual, constitute communication flows.

Implications of the Judgment

This ruling has several practical implications for evidentiary law. Firstly, it highlights the growing importance of digital communications as sources of evidence in criminal proceedings. Indeed, messages on platforms like Facebook can prove fundamental for reconstructing facts and the dynamics of events, making them decisive tools for ascertaining the truth.

• Assessment of the validity of digital evidence.
• Distinction between traffic data and intercepted communications.
• Implications for privacy and the right to confidentiality.

Conclusions

In conclusion, judgment No. 46715 of 2024 marks a significant step in Italian jurisprudence regarding the use of digital messages as evidence. With the evolution of communication technologies, it becomes crucial to adapt legal norms and interpretations so that they can adequately respond to the new challenges posed by the digital world. The Court has therefore confirmed that Facebook messages, although not contextual communications, can be used as evidence in court, opening up new possibilities and, at the same time, raising questions about the implications for user privacy.