The Admissibility of Electronic Messages in Family Law Disputes: Balancing Evidentiary Rules with Privacy Considerations

Halimi, Zahra; Shariati, Nafiseh Sadat

doi:10.22034/lrsi.2025.540470.1416

The Admissibility of Electronic Messages in Family Law Disputes: Balancing Evidentiary Rules with Privacy Considerations

Articles in Press

Document Type : Original Article

Authors

Zahra Halimi ¹

Nafiseh Sadat Shariati ²

¹ Masters, Department of Private Law, Faculty of Law, University of Tarbiat Modares, Tehran, Iran. E-mail: z.halimi@modares.ac.ir

² Corresponding Author, Associate Professor, Department of Private Law, Faculty of Law, University of Tarbiat Modares, Tehran, Iran. E-mail: n.shariati@modares.ac.ir

10.22034/lrsi.2025.540470.1416

Abstract

Objective: Messaging platforms such as WhatsApp, Instagram, and Telegram have increasingly become instrumental in initiating, developing, and substantiating claims in family law disputes. In matters pertaining to divorce, child custody, or spousal and child support, parties frequently rely on messages, images, or voice recordings exchanged through these platforms. Despite this growing reliance, the Iranian legal system lacks a coherent legal framework governing the admissibility and probative value of such electronic evidence. While general statutory provisions address issues such as surveillance, unauthorized access, and data disclosure, the legal status of electronic evidence in the context of family law remains ambiguous—particularly with respect to the legitimacy of its acquisition, attribution to specific individuals, and compatibility with privacy rights. Accordingly, the central research question of this study is: What is the legal status of messages exchanged via messaging platforms in proving claims within Iranian family law?
Methods: This study adopts an analytical and comparative legal methodology to evaluate the evidentiary function of communications on social media platforms in Iranian family law. It also proposes legislative reforms aimed at enhancing legal clarity, consistency, and the protection of individual rights.
Results: Under the Electronic Commerce Act of the Islamic Republic of Iran, courts may not reject electronic documents solely on the basis of their form or format. Messages exchanged via online platforms fall within the definition of "data messages" and may therefore be submitted as evidence in judicial proceedings.
Conclusions: An examination of relevant legal provisions and technical safeguards—such as one-time passwords (OTPs), login notifications, and unique identifiers—demonstrates that such communications satisfy the criteria for reliable data messages. Furthermore, lawful access to these communications does not necessarily violate privacy rights, recognizing that electronic correspondence inherently entails a certain degree of privacy compromise.

Keywords

Electronic Messages

Family law disputes

Privacy

Social Networks

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