Approaches to interpreting emojis as evidence in South African courts: a forensic linguistic perspective

Abstract

This article highlights the importance of emojis as evidence in courts of law. The article outlines the history of emojis from a global perspective, and how they have come to be used as a form of implicit and explicit communication. The global inconsistency of the interpretation of emojis is explored against the backdrop of multilingualism and multiculturalism. This creates complications when emojis are presented as evidence in both criminal and civil cases. All of the above is explored in relation to South African courts, and emojis are examined as part of the discipline of forensic linguistics. The Electronic Communications and Transactions Act, 25 of 2002 (ECT Act) provides guidelines on the rules of admissibility pertaining to data messages and other electronic communications, and is used for the interpretation of emojis as evidence in courts. Recommendations are made regarding the use of emojis as evidence in courts of law.