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Emoji are showing up as evidence in court more frequently

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Re: Emoji are showing up as evidence in court more frequently

#41
post #34

Earlier quoted context omitted.

Somehow I'm not convinced that it's better to convey my message by writing "I am flirting with you" rather than by just adding a winking or smiling emoji.

You could literally replace that emoji with the well known phrase "wink, wink." It is well understood and avoids the ambiguity of emoji.

There are places beyond the English-speaking world. As far as I know, there's no equivalent to "wink, wink" in my native language.

Re: Emoji are showing up as evidence in court more frequently

#42
post #39

Earlier quoted context omitted.

How is the phone any less immediate that text messages? If anything, it's even more - you don't even need to press "send".

A phone conversation is understood to be free flowing. It's easier for us as humans to understand that someone is reasoning out a line of logic in real time over the phone. By contrast, a text is not real time, and should therefore be thought out before sending.

Fair enough, but that's only a reason to think out those text messages, not to avoid the medium. I occasionally keep drafts on my messaging apps for days, as I mull them over.

Re: Emoji are showing up as evidence in court more frequently

#43
post #6

Earlier quoted context omitted.

There's one very popular emoji I particularly hate: https://emojipedia.org/face-with-tears-of-joy/ . Why? Because a) it looks bad (one of the worst made emojis out there), and b) when someone sends it to me, I have no clue what they mean. While it's technically "crying with joy", it also resembles crying with despair - and with regular people, who don't even know what "emoji" is or that they have names, I can't be 10…

Oh dear. I've seen this website before, but hadn't thought of it for too long. My favourite emoji is Apple's rendering of Zany Face: https://emojipedia.org/grinning-face-with-one-large-and-one-... I find some of those ... disturbing.

It's weird how the meaning of an emoji can change so dramatically depending on which font you're using. The biggest example is the moon face emoji. On Twitter or Android, it's just a cute little moon. On Apple, it suddenly becomes molester moon.

https://emojipedia.org/new-moon-with-face/

Re: Emoji are showing up as evidence in court more frequently

#44
post #28

Earlier quoted context omitted.

But the context here are conversation which appear in the court records. So they're either breaches of a civil agreement, or criminal law. By all means use them in your day to day conversations, but if you expect your messages to ever require interpretation in a court of law, and you don't want a jury to decide what you meant by eggplant, kissy face , don't use emoji. Or, conversely, if you want to be ambiguous, like…

I don't think the couple in Israel looking for an apartment ever expected their messages to require interpretation in a court of law. Sure, writing contracts with emojies is probably ill-advised, but it doesn't seem to be the case.

They probably didn't, and I know I come from position of legal awareness, bordering on paranoia, but I would never communicate with a potential landlord over anything but phone and email.

And I suspect the Israeli couple didn't think texts were serious, like an email would be. But the court decided otherwise.

Re: Emoji are showing up as evidence in court more frequently

#45

> Despite the potential for emoji to be interpreted in a wide array of ways, emoji experts don’t really exist. “Emoji usually have dialects. They draw meaning from their context. You could absolutely talk about emoji as a phenomenon, but as for what a particular emoji means, you probably wouldn’t go to a linguist. You would probably go to someone who’s familiar with that community, just like they did with the sex tra…

emojis are not something strictly defined. They vary across messaging platforms and clients, or versions of clients. Sometimes it means that the person sending them sees a different image then the recepient, which also can lead do different interpretation

Re: Emoji are showing up as evidence in court more frequently

#46
post #39

Earlier quoted context omitted.

A phone conversation is understood to be free flowing. It's easier for us as humans to understand that someone is reasoning out a line of logic in real time over the phone. By contrast, a text is not real time, and should therefore be thought out before sending.

Fair enough, but that's only a reason to think out those text messages, not to avoid the medium. I occasionally keep drafts on my messaging apps for days, as I mull them over.

And if you think them out, then that's fine. But a lot of people think texts are hyper-casual and don't give them appropriate consideration.

Re: Emoji are showing up as evidence in court more frequently

#47
post #37
post #28

Earlier quoted context omitted.

But the context here are conversation which appear in the court records. So they're either breaches of a civil agreement, or criminal law. By all means use them in your day to day conversations, but if you expect your messages to ever require interpretation in a court of law, and you don't want a jury to decide what you meant by eggplant, kissy face , don't use emoji. Or, conversely, if you want to be ambiguous, like…

And how do you determine ahead of time with 100% certainty that your communication will not be subject to subpoena and appear in court record? In a divorce proceeding for example many so called “day to day” conversations will suddenly be open to legal interpretation.

Yeah divorce is a sticky situation. And there's no way to be 100% certain. But if a contract or other agreement involving money is the topic of discussion, it's safe to assume that it might be used as evidence.

Re: Emoji are showing up as evidence in court more frequently

#48
post #34

Earlier quoted context omitted.

You could literally replace that emoji with the well known phrase "wink, wink." It is well understood and avoids the ambiguity of emoji.

There are places beyond the English-speaking world. As far as I know, there's no equivalent to "wink, wink" in my native language.

What language?

Re: Emoji are showing up as evidence in court more frequently

#50
post #46

Earlier quoted context omitted.

Fair enough, but that's only a reason to think out those text messages, not to avoid the medium. I occasionally keep drafts on my messaging apps for days, as I mull them over.

And if you think them out, then that's fine. But a lot of people think texts are hyper-casual and don't give them appropriate consideration.

I'd say the same of email - lots of people just reply without really thinking. Especially nowadays that they are integrated into smartphones along with SMS and such.
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