A Virginia schoolgirl is facing charges after posting an image on her Instagram which contained 'threatening' emojis, including a gun, a knife and a bomb. The actual text in the 12-year-old's post seems somewhat more ambiguous on its own: 'Killing... meet me in the library on Tuesday'. However, with small images of a gun, a bomb and a knife contextualising her words, the girl has since been charged with computer harassment and threatening her school.
Lost in translation
But what does an emoji actually mean? If the charges against the Virginia girl proceed, this is the question that lawyers, judges and lawmakers alike will need to answer. Unlike written words, there is no dictionary definition for individual emojis—their interpretation is often dependent upon context, intended audience, and an individual's own pattern of use. In this instance, the outcome of the proceedings against the girl are not yet known as her status as a juvenile requires the case to be closed to the press. However, the girl's mother has insisted that the angry post was a reaction to bullying at the school and that criminal charges are not appropriate.
Childish vs. Criminal
According to UK barrister Felicity Gerry QC, emoji could definitely constitute a form of criminal harassment under domestic law. However, using an emoji communication in the prosecution of harassment charges will depend upon interpreting the context its use—including, perhaps, the age of the person who sent it. 'It is vital not to confuse childish behaviour with criminal activity. I am very concerned about the increasing criminalisation of children and this is one of the areas where we need to be very careful not to over react to what children/young people do on social media,' she said. Source: ABA Journal; Legal Cheek
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