POLL | Would it be fair to be judged on text message emojis in court?

25 March 2025 - 12:34 By TIMESLIVE
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Eastern Cape judge president Selby Mbenenge's case puts a spotlight on consideration of emojis as part of evidence.
Eastern Cape judge president Selby Mbenenge's case puts a spotlight on consideration of emojis as part of evidence.
Image: OCJ/ MODIEGI MASHAMAITE

With text messaging becoming the most common form of communication, emojis have become an important part of online communication. However, their meanings can vary across cultures, countries and age groups, leading to potential misinterpretations.

University of Western Cape language experts Zakeera Docrat and Russell Kaschula have urged the courts to use forensic linguists to interpret emojis when they are presented in evidence to ensure accurate understanding, BusinessDay reported.

“A single emoji will not be interpreted in the same way across cultures, even in a specific country such as South Africa, thereby further complicating emojis as forensic evidence and further contributing to cultural voids that may emerge,” they said.

Cultural and generational differences could play a significant role in emoji interpretation. The recent case of the Eastern Cape judge president Selby Mbenenge, accused of sexually harassing his secretary Andiswa Mengo, has brought attention to this issue. Mengo and Mbenenge used emojis in their messages. However, their interpretations of these emojis differed.

TimesLIVE


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