By Evann Gastaldo | NEWSER
If someone threatens your life via emoji, do you have any legal recourse? Mashable calls the topic of emoticon threats “unexplored territory in cyberlaw,” but experts say the answer is yes, such threats would be admissible in court. Mashable’s piece specifically looks at the case of Fletcher Babb, a reporter who found himself faced with an emoji death threat while reporting on Instagram’s underground drug market for Vice. The threat in question, which came from a drug dealer and was delivered on Instagram, featured a gun emoji pointing at a “smiley” face with Xs for eyes.
Statement by Chris Ingle, chairman Rose Law Group Cyber-Law Department:
“What starts out as name-calling on the Internet can easily escalate to actionable conduct – defamation if it implies something false and defamatory about the other person, or criminal harassment if a person would reasonably feel threatened. If this happens, a person should report the threat to law enforcement and may wish to seek an injunction against harassment to prevent the other person from continuing to write comments or send emails or whatever it is.
“This is one of the rare areas where courts will consider what is called a “prior restraint” on free speech, which means the court can prohibit the defendant from speaking about certain topics (typically the other party). If the court issues an injunction, it will almost certainly prohibit the defendant from continuing the behavior or contacting the other party in any manner.
“Sometimes it is hard to tell if a person on the Internet really means what they say, or if they are using hyperbole. Most people take the position that it is better to be safe than sorry. A person who disregards a threat on the Internet does so at their own risk. It is much safer to report the situation and seek legal protection before things spiral out of control.
“We have done these types of cases before, and can help anyone who finds themselves in this type of situation.”
