McKenna on KIRO: Real-life cases turn on interpreting emojis

KIRO 97.3 host Dave Ross asked Rob about the emojis people send and how they’re being interpreted by courts in real cases, including sexual harassment suits, contractual disputes, and other areas.

Dave Ross: “We have some serious cases of sexual harassment which are being decided based on texts now, right? So definitions become pretty important. Does that mean, then, that the standard is going to be…if you find the emoji insulting, regardless of what the sender intended, then that’s what governs the outcome?”

Rob McKenna: “I just think it’s really hard to prove that an emoji has a specific intent, outside of lots and lots of context. This is the problem with symbology as opposed to a written language. It’s just too subject to interpretation, and it’s a nightmare for law.”

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