WhatsApp Msgs

[MargoNextdoor]

For example, You msg and take part in a conversation in a very small closed "group" of 3 people in WhatsApp, that you assume will always be private. You are person no 3. After which, one member of that group then physically shows the msgs to others , not in the group or ever intended to be privvy to such discussions as discussed in the group.

Can an author of a Whatsapp msg, reasonably expect that msgs sent to a closed Whatsapp group, remain private and if so , are there any legal recourses available to the author , if that reasonable expectation has been broken?

I don't think you can expect that it will be private unless that has been explicitly agreed by the group of three.

It also depends on the context.

If between a boss and employee, yes there is expectation of privacy.
Anything outside, no.

Thank you both for your replies. With kindness,i hope you understand that i am reluctant to rely on " i don't think"
or "it depends on".

My question is : Can you visually ( by use of screenshot) share /distribute to others the content of Whatsapp msgs sent within a private group, on yr phone, to others not in that group ?

Am i correct in thinking msgs in Whatsapp will always be sent on the understanding that they are private and encrypted and not shared outside of group? There is also the moral understanding in a private group ,surrounding sharing of such msg's.

I really just need to understand the actual current legal legislation re Whatsapp and the visual distribution of messages outside of a closed group.

I am here to garner legal opinion . I have taken independent legal advice. I am hoping the advice here matches. Thank you.

If you've taken proper legal advice, why are you asking on MN where you have no idea of people's qualifications?

@MargoNextdoor

Thank you both for your replies. With kindness,i hope you understand that i am reluctant to rely on " i don't think" or "it depends on".

My question is : Can you visually ( by use of screenshot) share /distribute to others the content of Whatsapp msgs sent within a private group, on yr phone, to others not in that group ?

Am i correct in thinking msgs in Whatsapp will always be sent on the understanding that they are private and encrypted and not shared outside of group? There is also the moral understanding in a private group ,surrounding sharing of such msg's.

I really just need to understand the actual current legal legislation re Whatsapp and the visual distribution of messages outside of a closed group.

I am here to garner legal opinion . I have taken independent legal advice. I am hoping the advice here matches. Thank you.

Are you asking if it's illegal to screenshot whatsapp messages and share them? No, it isn't.

No it's not illegal. That's the danger with anything you send to anyone. Just like writing an old fashioned letter wouldn't necessarily stay private.

I don’t think you can ever expect anything written and shared in a WhatsApp, text, email or online to be completely confidential unless it’s bound by a non disclosure agreement - especially if what’s being shared is legally questionable (which I assume it must be or you wouldn’t be asking if it’s illegal to share it)

Since 2 former Police Officers have just been jailed due to WhatsApp messages they sent I'd say then legally they can be shared.

I'd never assume anything in a WhatsApp group wouldn't potentially find it's way into a public domain

@SoupDragon i am hoping that someone qualified may replicate what i have been told.

[quote MargoNextdoor]@SoupDragon i am hoping that someone qualified may replicate what i have been told. [/quote]
And, like I said, how will you know they are qualified?

I'm a lawyer. There is no legislation around sharing WhatsApp messages. Put simply (and assuming no special relationship or confidentiality agreement in place) if I sent a WhatsApp message to someone I would have little recourse If they shared that with another person.

Clutching at straws.....could maybe argue breach of privacy, common law obligation of confidentiality etc but even if you could prove an obligation your remedies would be limited.

With hindsight, the key message is out anything in writing you wouldn't want sharing further.

What did your legs advisor say?

Typos!!

Why would it be illegal to show someone a WhatsApp message? That’s like saying I can’t show someone a text message.

Ok , thank you. It is nothing sinister. Thank you for your advice. I will follow my legal rep advice.

@thirstyformore yes, breech of privacy.

Thank you all.

Your only hope is the computer misuse act, but what you've described isn't an offense under the statute.

Essentially, once you've sent a message to someone, the message becomes their "property" much like a letter. So if the recipient wishes to show a message to someone else they are entitled to do so, unless they have agreed in advance not to do so in a contract with the sender.

When I gave my children their first phone I made them sign a contract. One of the first things it said was that anything you type in a message risks being shared more widely so NEVER put something in a message you wouldn't want shared. My 11 and 12 year olds understand this. It's just common sense (unless as others have said there is a separate confidentiality agreement)

@LondonMummer yes, wise advice. I have told my kids the same. They are grown now and more clued than me.

I have had a one off massive lapse in judgement and thought friends were " friends".

Unless it was shared as something they intended to upset someone else with, in which case it's malicious communication. It's illegal to screenshot and share Snapchat but I don't think anything else.

Is it illegal to screenshot/ share Snapchat, or just against their terms/conditions? I can't imagine it's illegal.

@AngelonTopoftheTree

Is it illegal to screenshot/ share Snapchat, or just against their terms/conditions? I can't imagine it's illegal.

Eek I'm not totally sure, sorry, I think the law of the land though, as opposed to a Snapchat rule.

Angel there you go...

@EmergencyPoncho

Angel there you go...

Thanks Poncho, very interesting!

@EmergencyPoncho

Angel there you go...

I always thought Ed Vaizey’s statement on this was peculiar because he made it sound as though these laws were exclusive to Snapchat; whereas it’s just about two different legal issues which apply broadly across all media and platforms. One is copyright, the other one is about revenge porn. Screenshotting somebody’s image (not exclusive to Snapchat, could be any other platform) and sharing it without permission would indeed be copyright infringement but is extremely unlikely that a copyright infringement of this nature would result in a criminal prosecution, the threshold for copyright infringement to be dealt as a criminal offence is very high, it has to be done for sale or hire, in the course of business, and at a commercial scale. Revenge porn is also illegal, but again, this has nothing to do with Snapchat.

General position is it’s not illegal.

There are some circumstances where it would be (illegal material, porn, copyright, breach of contract) but messages between friends are generally fair game.

As a lawyer I will tell you that any sort of action will be expensive, stressful and very unlikely to lead to a satisfactory outcome.

You’d be far better focussing on remediating whatever harm has been caused rather than attempting to seek legal redress

Wise words Pegasus.