What, if any, defamatory meaning does a 'zipper-mouth face' emoji convey? Gibson DCJ considers the issue here: caselaw.nsw.gov.au/decision/1742d… #auslaw #defamation
'Defamatory meaning and emoji
Although there has been some academic criticism of judges for referring to sources such as Wikipedia (R Smyth, “What do Trial Judges Cite?”, Evidence from the New South Wales District Court" [2018] UNSWLawJl 9; (2018) 41(1) UNSW Law Journal 211, ...'
Although there has been some academic criticism of judges for referring to sources such as Wikipedia (R Smyth, “What do Trial Judges Cite?”, Evidence from the New South Wales District Court" [2018] UNSWLawJl 9; (2018) 41(1) UNSW Law Journal 211, ...'
'... the nature of modern communications makes consultation of internet dictionaries, such as Emojipedia, a necessary step for the trier of fact who seeks to determine what the ordinary reasonable Twitter reader would make of the use of these symbols.'
'One of the main changes to online writing style has been the introduction of two new-age hieroglyphic-style languages: emoticons and emoji.'
Gibson DCJ considers whether expert evidence is required to interpret the meaning of emoticons and emoji or whether the judge may take judicial notice of them and apply the ordinary, reasonable reader test.
'How can a symbol of a face expressing a particular emotion convey serious meanings? Are emoji simply illustrations with no real meaning?...'
'... Where the emoji in question occurs in the context of allegations of serious misconduct, are they capable of conveying imputations to that effect?'
