Netflix's 'Adolescence' sparks warnings over hidden criminal meanings of emoji, could be used as evidence in court
In real-world cases, emoji have appeared in more than 1,000 legal proceedings in the US since 2010. Symbols such as the knife, gun, crown, and aubergine are increasingly used to communicate threats, harassment, or criminal intent—especially among gang members or in cases of sexual misconduct. 'Courtrooms need to keep up with the contemporary modes of communication as all crime is planned and committed through language,' said Professor Russel Kaschula from the University of the Western Cape.
While no emoji is inherently illegal, legal context is key. For example, repeatedly sending gun or knife emoji to someone with whom you've argued may be deemed threatening. In one case, a student was expelled after sending a gun emoji to a classmate. Other symbols, like the crown and high heel, have appeared in sex trafficking trials as code for pimps and prostitution.
Photo: Emojipedia
The field of 'emoji forensics' is growing. Differences in emoji design across devices have already proved decisive in court. In 2021, a lawsuit was dismissed after it was shown that the heart-eyes emoji allegedly sent in a harassment case could not have appeared on the plaintiff's phone system.
Photo: Rossbach v. Montiore Medical/Emojipedia
Even high-profile lawsuits have involved emoji. Actor Justin Baldoni sued The New York Times for omitting an upside-down smiley emoji from a quote, arguing it changed the tone from sarcastic to malicious.
Photo: Apple
With nearly 4,000 emoji in use today, experts are calling for formalised interpretation standards. As Professor Eric Goldman explains, 'Emoji are flooding the legal system,' and their implications can determine guilt or innocence.
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