The Use of Facebook Messages as Evidence: Commentary 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 addressed the acquisition and evidentiary use of messages exchanged in Facebook chat, clarifying that these are not subject to the limits provided for data related to electronic traffic.

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 provision establishes the conditions for the acquisition of electronic traffic data, but according to the ruling, messages on Facebook fall instead into the category of intercepted communications. This means that, although they are not contextual communications, messages constitute flows of communication and, therefore, must be treated according to interception laws.

Messages exchanged in the "chat" of "Facebook" and stored on the "server" - Applicable regulation - Indication - Reasons. The acquisition and evidentiary use of the content of messages exchanged in the "chat" of "Facebook" and stored on the service provider's "server" do not encounter the limits provided for electronic 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 interception regulations, since "chats," even if not contextual, constitute flows of communications.

Implications of the Judgment

This ruling has several practical implications for evidentiary law. Firstly, it highlights the increasing importance of digital communications as sources of evidence in criminal proceedings. In fact, messages on platforms like Facebook can be crucial for reconstructing facts and dynamics of events, making them decisive tools for establishing 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 case law regarding the use of digital messages as evidence. With the evolution of communication technologies, it becomes crucial to adapt the rules and legal interpretations to adequately respond to the new challenges posed by the digital world. The Court has thus confirmed that Facebook messages, although not contextual communications, can be used as evidence in court, opening up new possibilities while simultaneously raising questions about the implications for users' privacy.

Bianucci Law Firm