Hyderabad: Next time you use an emoji on WhatsApp, just be careful. Emojis that add cheer to texting can be taken very seriously in the context of law or addressing social issues. A Delhi-based advocate, Mr Gurmeet Singh, sent a legal notice to WhatsApp to remove the ‘middle finger’ emoji or face civil or criminal charges, contending that that was very offensive apart from being highly belligerent, invasive and an obscene and a lewd gesture.
Several emojis fall in the ‘offensive’ categories. Many countries have recognised emoji not as joke, but as a genuine form of literacy, in a legal context. In New Zealand, France and Australia, courts handed down punishment to people for threatening others through a text message with emojis sent from mobile phones. In the past when Australian foreign minister Julie Bishop described Russian President Vladimir Putin using an angry-face emoji in an interview, government officials were asked to explain what the emoticon signified and whether it could affect the relation between two countries.
Emojis play a vital role in court cases, especially when digital messages are presented as evidences. Mr Singh stated in his notice, “As per the IPC Sections 354 and 509, it is an offence to show obscene, lewd, offensive gestures to females. Use of a lewd, offensive, obscene gesture by anyone is hereby illegal ... As per Section 6 of the Criminal Justice (Public Order) Act, 1994 showing of the middle finger is also an offence in Ireland.”
However, social media doesn’t seem to concur with the advocate’s opinion. One WhatsApp user Mr Satish Reddy said, “This emoji was added in the recent past, may be two years ago. I don’t see a reason to be offended by such things. But I certainly want to know social website’s stand on the issue.”
Another user, Mrs Nitika Keshri, working mother of two children, said, “Though I personally do not have any issues with emojis, children in the family get introduced to this and may pick up the wrong things. Knowing how easily kids of today catch up with technology, one should be cautious about the extent they are getting exposed to such things.”
Such incidents do reflect on the need to evaluate the legal implications of communications through emojis. Companies like Apple and Google are doing their bit by delving into the adverse aspects of serious issues. Both have replaced the handgun emoji with a water-gun in an attempt to take a stand against gun control in the US.
