This is the English version of a Turkish article. The original, with further detail and linked petition templates, is at WhatsApp Mesajı, E-Posta ve Ses Kaydı Delil Olur mu?.
Digital evidence raises two separate questions: was it lawfully obtained, and is it strong enough to prove anything? Records obtained by accessing the other party's phone or accounts without permission are unlawfully obtained evidence and may themselves constitute an offence. Even for lawfully obtained material, a screenshot on its own is rarely enough; the integrity of the record has to be demonstrated.
You have a message thread, a voice recording or an e-mail and you want to use it. Whether you can turns almost entirely on how you obtained it.
The Absolute Exclusion Rule
Article 38/6 of the Constitution: findings obtained contrary to law cannot be accepted as evidence.
Article 189/2 of the Code of Civil Procedure: evidence obtained unlawfully cannot be taken into account by the court in proving a fact.
Article 217/2 of the Code of Criminal Procedure: the offence charged may be proved by any evidence obtained lawfully.
Together these establish an absolute exclusion. That the evidence is true does not change the result if it was obtained unlawfully.
Worse, obtaining it unlawfully is often itself an offence: violation of privacy (TCK art. 134), violation of the confidentiality of communications (art. 132), listening to and recording conversations between persons (art. 133), and unlawful access to an information system (art. 243).
Unlawful evidence is therefore useless and exposes the person producing it to a criminal complaint.
Can You Record Your Own Conversation?
This is the question asked most often, and the answer is finer than it looks.
TCK art. 133/1 punishes a person who records a non-public conversation between others without the consent of any of them. A person who is a party to the conversation and records their own conversation does not fall within that paragraph.
TCK art. 133/2 separately addresses unlawful recording of a non-public conversation even with one party's consent — but what it targets is a recorder who is not a party to the conversation.
The test applied in practice is this: a person may lawfully record an unjust attack directed at them — a threat, blackmail, an insult — in order to preserve evidence that could not otherwise be obtained again.
By contrast, recordings made in a planned and systematic way are unlawful. The distinction turns on whether the recording was immediate and necessary.
The line is fine. Take advice before recording, not after.
Which Evidence Is Unlawful
- Accessing a spouse's phone without permission and copying the messages
- Installing spyware — location tracking, message forwarding
- Entering someone else's e-mail account or obtaining their password
- Secretly recording conversations between third parties
- Placing hidden cameras in areas that are not common areas
- Copying files from someone else's computer without permission
What can be used, by contrast:
- Messages and e-mails received on your own phone
- Correspondence sent to you, and messages in group chats you belong to
- Records in your own accounts
- Images and recordings made in a public setting
- At a workplace, records from monitoring systems notified to employees in advance and compliant with data protection rules
| Evidence | Assessment |
|---|---|
| Recording of a conversation you took part in | Admissible as a rule, where sudden and not otherwise provable |
| Planned, systematic covert recording | May be held unlawful |
| Unauthorised access to a spouse's phone | Unlawful; may also be an offence |
| Entering the other party's e-mail account | Unlawful; may also be an offence |
| Correspondence on your own phone | Admissible |
| Public social media posts | Admissible |
| Workplace camera footage | Subject to prior notice and purpose limitation |
Unlawful evidence not only fails to help; it can place the person producing it under criminal liability.
Is a Screenshot Enough?
Lawfulness is not sufficient on its own; the evidence must also have probative weight.
A screenshot can be altered easily, so where the other party denies it, it may not stand alone.
To strengthen it:
- Keep the device. A forensic examination can be carried out on the original device.
- Apply for preservation of evidence. Under arts. 400 ff. of the Code of Civil Procedure, ask the court to record the messages as they exist on the device.
- Use a notarial record or an electronic determination service.
- Take backups — cloud backups and exported chat files.
- Ask for operator records. The court can be asked to obtain call and message traffic records.
For e-mail, the header information is what matters; the sender and the timestamp are verified from it. So keep the original file rather than a printout.
How to Secure Evidence Properly
- Notarised warning notice. Puts your demand and the other party's position on an official record.
- Registered electronic mail (KEP). Carries official evidential value as to both delivery and content.
- Preservation of evidence. Ask the court to have the position established by an expert.
- Witnesses. Hold the discussion in the presence of a third party.
- Put it in writing. Confirm oral agreements by e-mail: "we agreed the following at our meeting — could you confirm?"
- Evidence agreement. Under art. 193 of the Code of Civil Procedure, a contract may provide that specified records and correspondence count as conclusive evidence.
The last of these is particularly useful in commercial relationships and settles arguments about proof before they arise.
It is not enough for the evidence to be true: unlawfully obtained evidence is not taken into account, and the way it was obtained may itself be an offence. Accessing a spouse's phone, installing spyware and secretly recording third parties all fall within this. Take advice before gathering evidence, not after.
Frequently Asked Questions
Are WhatsApp messages admissible?
Messages received on your own phone can be used. Content obtained by accessing someone else's phone without permission is unlawfully obtained evidence.
Can I make an audio recording?
Recording an unjust attack directed at you, immediately and to preserve evidence that could not otherwise be obtained, may be lawful. Planned and systematic recordings are not.
Is a screenshot enough?
Not necessarily, if the other party denies it. Keep the device, apply for preservation of evidence, and where possible have operator records obtained.
What happens if I produce unlawful evidence?
It is disregarded, and if the way it was obtained constitutes an offence, an investigation may be opened against you.
How do I protect my own position?
Notarised warning notices, registered electronic mail, preservation of evidence, meeting in the presence of witnesses, and an evidence clause in the contract.