Wrong emojis can land you in prison or facing a lawsuit

JACKSONVILLE, Fla. — Emojis are the new language of our times, from laughing 😂 and hearts 💞 to anger 😠 and sadness 😢.

“What’s your favorite emoji?" Action News Jax reporter Ben Becker asked Bianca Simmons.

“Probably the smiling one, just like this,” said Simmons.

According to a research paper published in the Washington Law Review from Santa Clara University, at least 2.3 trillion mobile messages incorporate an emoji annually, but some emoji’s could potentially put you in legal hot water.

“Emoji’s can convey certain emotions that may be unwanted,” said Action News Jax Law and Safety Expert Dale Carson.

According to the most recent statistics available, the number of reported legal cases involving emojis or emoticons as evidence has increased from 33 in 2017 to 53 in 2018 to 99 in 2019. Carson said courts are struggling to handle the nuances of emoji’s as evidence.

"Courts have not interpreted yet what that means, it’s a new system of communication,” said Carson.

But it hasn’t stopped some courts from making rulings.

Some examples of reported cases include a face kissing emoji in a sexual harassment suit against the City of Tampa.

In Massachusetts, prosecutors won a case where they argued the defendant’s use of an emoji with x’s for the eyes combined with the nickname of the victim suggested a premeditated homicide.

Even the Florida Bar Association published a best practices guide for attorneys that advises against emojis, saying, “Exclamation points and other indications of excitement such as emojis, abbreviations such as LOL and all caps do not translate well in business communications. Leave them off unless you know the recipient extremely well.”

Part of the problem with emojis is that different technology platforms depict emojis in different ways. For example, an emoji sent via an iPhone, Android or Outlook e-mail message can end up looking different than it was intended.

"You could put a halo after a nasty text and make it like its innocent, but is it,” said social media expert Craig Agranoff.

The eggplant and peach emojis have become synonymous with R-rated parts of the human anatomy, rather than pieces of fruit, and are censored on Facebook and Instagram.

Kendall Anderson said he texts a lot, but tells Becker he will be more careful before he clicks send.

“I think twice now. I make sure it’s appropriate and PG,” said Anderson.

Experts also say emojis can be misinterpreted when used without text, so when in doubt, add a few words to avoid trouble.

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