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Home Lifestyle & Geekerie Les smileys et Emoji envahissent les cours de justice
Now reading: Les smileys et Emoji envahissent les cours de justice

Les smileys et Emoji envahissent les cours de justice

Les Smiley, les Emoji comme ils sont appelés par nos amis anglophones, occupent une place en croissance constante dans notre société. Limités aux envois de SMS et aux salons de « Chat » à leurs débuts, ils débordent désormais dans des décisions de justice tout ce qu’il y a de plus officiel.

Le monde évolue et avec lui tous ses langages changent eux aussi. Et depuis quelques années, une part importante de beaucoup de langues régionales commence à inclure des « symboles » dont la signification ne s’arrête pas à la barrière de la langue. Les Smiley sont partout et ils commencent à avoir une influence sur des aspects insoupçonnés de notre société moderne.

D’après plusieurs experts, les icônes comme les smiley facebook que nous connaissons tous si bien vont bientôt être quotidiennement impliqués dans des décisions prises par des tribunaux à travers le monde. emoji-smiley-facebookIl sera bientôt monnaie courante de voir des procès comme ceux de Ross Ulbricht en 2015. Le créateur du site Silk Road (marketplace spécialisé dans la drogue) avait été reconnu coupable dans un procès où des mails qu’il avait envoyé avaient été lus. Les Emoji qui y figuraient avaient été notés et montrés spécifiquement au jury, pour qu’il puisse se faire une meilleure idée de l’accusé grâce aux « émotions » qu’il affichait.

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Toujours en 2015, un jeune homme de 17 ans (Osiris Aristy) avait été accusé puis acquitté pour avoir envoyé des menaces d’agression sur Facebook. Il avait posté sur le réseau social une ligne de smiley, avec plusieurs smiley d’armes à feu pointées sur un smiley de policier. Le jury avait décidé de l’acquitter parce que rien ne prouvait qu’il proférait des menaces sérieuses avec cet ensemble d’Emoji.

A en croire Gabriella E. Ziccarelli, une juriste de « Blank Rome LLP » qui s’est exprimée lors d’une convention il y a peu de temps, les avocats vont devoir s’assurer d’ici quelques temps que les jurés potentiels pour un procès ont une base de connaissance suffisante des Emoji. Car si certaines de ces icônes ont une signification évidente (le sourire, le clin d’oeil, …), d’autres plus récentes sont régulièrement utilisées pour le double-sens qu’elles ont. Quel citoyen lambda, qui ne passe pas ses journées sur Facebook, Instagram ou Twitter, saura par exemple comprendre le sens « caché » du smiley Aubergine ? Un indice ? Cest un smiley que vous ne devriez montrer qu’à votre promis(e).

La prochaine fois que vous utiliserez vos émoticônes favorites sur un réseau social, réfléchissez donc par deux fois à ce que vous faite ! Si vous ne choisissez pas la bonne, vous pourriez vous retrouver devant un tribunal avec cette même icône utilisée comme preuve contre vous !

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