Proof of Marital Infidelity in the Digital Environment: Between the Nature of Electronic Evidence and the Right to Privacy

Abstract

Electronic marital infidelity is one of the novelties generated by technology and the use of the digital environment, where social media platforms have become spaces in which spouses commit this type of infidelity. The pressing question that arises is how a victimized spouse can prove the infidelity of the other party. Are text messages, audio recordings, and videos admissible as means of proof? On the other hand, another issue arises: if the aggrieved party obtains electronic evidence proving the spouse’s infidelity, would this be considered an infringement on the right to privacy in general and the right to digital privacy in particular, given that this right is guaranteed under constitutions? This is what this research paper addresses.