The massive use of WhatsApp as a communication tool has transformed social and work habits in Spain. However, the apparent immediacy and informality of their messages can entail legal risks that are not always visible to the naked eye.
This has been warned by Miriam Pascual, a lawyer specialized in criminal and labor law, through a video posted on her TikTok profile (@miriampascual_abogada), about the serious consequences that can arise from certain messages sent through this messaging platform. increasingly common as evidence in court.
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The professional points out that in recent years she has managed in her office “several cases in which, because of WhatsApp, the defense” of her clients has been much more difficult, due to compromised messages sent in contexts of discussion or conflict. “If someone writes to you accusing you of a crime or an event that, even if you think it is not a crime, may be one, never acknowledge your guilt,” the lawyer warns.
Behaviors that may have criminal consequences
Among the main warnings, Miriam highlights the importance of not sending insults to the couple, not even apparently common expressions. “There are expressions that may seem more everyday, such as ‘whore’, and I say it that way because it has happened to me, and they can end up in a minor crime.” The lawyer emphasizes that, even if they are part of a discussion, insults or written threats constitute crimes classified in the Penal Code.
Frequent risk in companies
Thus, the workplace is not exempt from risks either. The expert remembers that “if you have a company, do not create a group WhatsApp group with the personal phone numbers of those workerswithout consent and without established rules”, in reference to current legislation on the protection of personal data.
In addition, it expressly warns against the dissemination of photos or stickers of sexual content without consent. “You could incur a crime punishable by prison,” he points out.
Messages sent by WhatsApp are increasingly being admitted as evidence in judicial proceedings, provided their authenticity is proven. The legal consequences can range from administrative sanctions to the imposition of prison sentences, depending on the seriousness of the facts and the legal qualification determined by the judge.
For this reason, the lawyer recommends extreme caution and common sense in digital communication, both in the personal and professional spheres, since “you never know how far a written conversation can go,” she concludes.