Can emoji constitute defamatory content in the context of the South African law of defamation?

Abstract

The use of emoji in digital communication often reflects a casual and carefree approach to conveying emotions and sentiments. Frequently added alongside text messages, emoji are seen as harmless embellishments, requiring little thought regarding their meaning or potential consequences. However, these seemingly innocuous additions may carry significant legal implications. Some emoji have acquired secondary meanings and connotations, which may give rise to defamation claims. This research report thus delves into the intersection of defamation law and emoji. Specifically, we examine the potential for emoji to constitute defamatory elements and explore how courts may interpret their usage. Drawing on legal perspectives from the United Kingdom and Australia, this research report sheds light on the evolving challenges posed by emoji in the realm of defamation law. As South African jurisprudence has yet to grapple with the defamatory potential of emoji, this research report explores whether South African courts will follow the lead of their international counterparts in interpreting emoji. This study thus contributes to the evolving discourse on the intersection of technology, communication, and the law in the digital age.