If you thought using emojis could avoid legally defaming someone, think again.
In an Australian first, the NSW District Court has opened the door in Burrows v Houda [2020] NSWDC 485 to find in favour of a plaintiff who complained a competitor and professional peer tweeted the ‘zipper mouth face' emoji in response to an online comment about her.
The tweets at the centre of the case include a tweet by lawyer Adam Houda, linking to an earlier article in the Sydney Morning Herald that reported a judge's suggestion that the plaintiff, Ms Burrows' conduct in a case be referred to the Law Society for potential disciplinary action. Mr Houda tweeted the zipper mouth face in response and that tweet was commented on by several others.
