Emojis have become part of everyday life, but few people know that emojis can have legal consequences just like regular language.
We use emoticons as a fun addition to our texts, emails and social media posts. Occasionally, we use them instead of words when we don’t feel like typing a sentence, but still want to convey what we are feeling (the word ‘emoticon’ is a mix of ‘emotion’ and ‘icon’). But have you ever stopped to think what they really mean, what they could communicate to people?
The use of emojis, while fairly new in SA, can have legal consequences. When the digital symbol for a gun, a smile, or a face with a stuck-out tongue comes up in court, they aren’t ignored.
The problem with emoticons is that they can have multiple meanings. A thumbs up for one, can mean ‘thank you, I have received your message’, but to the person receiving the message it could mean that you have agreed to what they have said.
This becomes dangerous when negotiating an agreement. In fact, a bottle of champagne, smiley face‚ dancing figures‚ sunshine‚ rainbow‚ heart‚ or any other “positive” emoticon could be seen as acceptance or agreement in the mind of the receiver of a legal contract. There is also the criminal element. In America, a post communicating an emoji of a police officer and three gun emojis pointing at it resulted in the arrest of the sender on charges of a terrorist threat.
In South Africa, with civil issues, the use of an emoji that is misrepresented and is wrongful, fraudulent or even negligent and causes someone harm, could lead to civil action for damages.
While emojis may be fun and fast, the reality is that their interpretation ranges from person to person and from culture to culture. In a particular context, even good intentions may get you more than you bargained for – whether it is business-related or on a social level. Avoid unnecessary risk and be alert. Always be clear with what you mean and use emojis carefully.
Adapted from ‘Using Emojis – When the Smiley Becomes Serious’ by Judith
Griessel, Griessel Consulting