Courts now have to decipher emojis
Judges and lawyers are increasingly being asked to decipher the hidden meanings of emojis, according to two University of Western Cape researchers on forensic linguistics.
In an article, published by the South African Journal of African Languages, two University of Western Cape (UWC) academics delve into the increasing use of emojis and how courts may interpret their meaning, says a Weekend Argus report.
Dr Zakeera Docrat, a post-doctoral research fellow in forensic linguistics at UWC, and Professor Russell H Kaschula, who chairs the Department of African Language Studies and is the Institutional Chair of Forensic Linguistics and Multilingualism at UWC co-authored the article.
They cite the example of a prosecutor presenting a text message from the defendant that reads: ‘I’m coming for you.’
Is it a threat? A flirtatious joke? Or just someone who loves sending kissy faces?
According to international researchers such as Rebecca A Berels and Erin Janssen, ignoring emojis is like ignoring a witness’ facial expressions or tone of voice. That could mean the difference between ‘I’ll see you in court’ and ‘I’ll see you at dinner.’
The experts says courts will need to rely on expert evidence rather than playing emoji detective.
Take the case of Kinsey v State (2014), where a defendant argued that a winking face emoji constituted consent. The court wasn’t having it, ruling that a does not equal a legally binding agreement.
In another US case, a teenager tried to argue that her threatening tweets were just a joke because she included laughing face emojis. But the court found her guilty of making threats.
The challenge for courts, says Weelend Argus, is consistency. The solution, according to experts, is context.
Courts must consider the relationship between the sender and recipient, cultural nuances, and even the device used to send the emoji.
An emoji on an iPhone might look completely different on an Android, adding another layer of confusion.
Forensic linguists will be key to assisting the courts with decoding emojis and applying their methodological approaches and analysis on a case-by-case basis. But with new emojis being released every year, the legal system has its work cut out.
Article disclaimer: While we have made every effort to ensure the accuracy of this article, it is not intended to provide final legal advice as facts and situations will differ from case to case, and therefore specific legal advice should be sought with a lawyer.
