Current Events > Emojis are increasingly being used as evidence in Chinese courts

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Lebronwon
06/30/22 5:38:09 PM
#1:


https://www.hindustantimes.com/world-news/emojis-increasingly-being-used-as-evidence-in-chinese-courts-report-101656578107034.html

Emojis - the tiny and trendy digital images used to denote emotion in digital communication - are increasingly being used as evidence in Chinese courts, local media reports said this week. One intermediate court in the southern city of Shenzhen recognised a response using a sun emoji as an endorsement of extending the lease in a rental dispute, the Sixth Tone website said in a report on how emojis were being used as proof in courts, adding, A county court in the eastern Anhui province stated in 2020 that an icon referring to the OK hand gesture didnt constitute evidence for the acknowledgement of a loan contract. Chinese courts have taken cognizance of emojis in at least 158 cases filed across the country since 2018. The number of cases where lawyers presented emojis as evidence rose from eight in 2018 to 61 in 2021. There were 23 such cases in 2019, and the highest so far, 66 in 2020. The information triggered a buzz on Chinese social media with discussions on Weibo, Chinas version of Twitter, being read more than 200 million times in the past two days.

Ironically, many shared the emoji for surprise after reading the news. Others wondered aloud how careful they need to be in using emojis while exchanging messages. The use of these icons, however, is not regulated and local media reports said theres much confusion about their usage. According to the news website thepaper.cn, the Jiangsu Higher Peoples Court said, the interpretation of emojis is highly subjective and lacks a unified standard, making it difficult for the court to accurately translate the true meaning of the symbols. Therefore, although emoji, as a form of expression, can be used as evidence in court, in the process of specific practice, relevant aspects still need to be viewed with caution, the court said in its post. In a 2020 thesis titled Aggressiveness of emojis before the court: a sociosemiotic interpretation, three Chinese experts said the usage is a new challenge for courts. Emojis, used as evidence as any language is used in communication, have posed new challenges for courts to adopt emojis as evidence beyond the traditional mode of speech and communication and to interpret them appropriately, especially their aggressive side of meaning, said Le Cheng, Yuxiu Sun and Jian Li, writing in the peer-reviewed journal Social Semiotics, which focusses on communication, cultural studies, linguistics and languages.



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s0nicfan
06/30/22 5:41:24 PM
#2:


Authoritarianism is a constant game of cat and mouse. Ban speech, people will use metaphor. Ban metaphor, people will use imagery. Ban that, and they'll just find something else, until eventually you get to where Russia is right now with anti-war protesters were the literal act of holding up a sign without any words on it is sufficient evidence to arrest and charge you with a crime.

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gunplagirl
06/30/22 5:42:56 PM
#3:




Come for me, china

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A_Good_Boy
06/30/22 5:43:24 PM
#4:


You probably shouldn't respond to a contract with an emoji.

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Imit8m3
06/30/22 5:54:04 PM
#5:


A_Good_Boy posted...
You probably shouldn't respond to a contract with an emoji.


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GeraldDarko
06/30/22 5:58:14 PM
#6:


s0nicfan posted...
Authoritarianism is a constant game of cat and mouse. Ban speech, people will use metaphor. Ban metaphor, people will use imagery. Ban that, and they'll just find something else, until eventually you get to where Russia is right now with anti-war protesters were the literal act of holding up a sign without any words on it is sufficient evidence to arrest and charge you with a crime.
What does this have to do with authoritarianism?

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AldousIsDead
06/30/22 6:00:10 PM
#7:


We are talking about China, right?

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s0nicfan
06/30/22 6:01:28 PM
#8:


GeraldDarko posted...
What does this have to do with authoritarianism?

China has every incentive to treat emojis like serious legal speech given how severe they are in controlling what can be said. I suppose it's a bit of a leap in this case, but anything in Chinese courts that leads to a precedent that could be used to arrest somebody for political speech for using an emoji is something I'm going to err on the side of caution for.

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Touch
06/30/22 6:02:21 PM
#9:




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A_Good_Boy
06/30/22 6:04:04 PM
#10:


s0nicfan posted...
China has every incentive to treat emojis like serious legal speech given how severe they are in controlling what can be said. I suppose it's a bit of a leap in this case, but anything in Chinese courts that leads to a precedent that could be used to arrest somebody for political speech for using an emoji is something I'm going to err on the side of caution for.
It actually looks like the use of emojis for legal matters is in dispute. According to the article one court found that a sun emoji was acceptable as a response to a lease extension in a rental dispute and another court found that the ok sign wasn't acceptable for a loan contract.

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