This is according to Bloemfontein attorney Fannie Zim from Zim Incorporated Attorneys. He says context is everything, when it comes to emoji usage.

“Emoticons have the power to change the tone of a message. Look at the nature of the emoticons you used. Were they celebratory emoticons? Were they emoticons that could suggest to a person that you are happy with an agreement? Maybe you sent an image of champagne, calling for a celebration or a smiley face which means that you were happy with it. So those are the things that we look at,” explained Zim.

But, Zim says, an emoji could also prove your innocence, in case of a crime

He says, “There is also a case in question in America. The accused in that case, was one Mr Eleanor. He had previously been convicted of threatening his wife, basically he sent certain messages to his wife but at the end he sent smiley faces. The Supreme Court of Appeal then overturned that conviction simply on the basis that the emoticons that accompanied those threats were not of such a nature as to suggest that the accused in that case meant those threats,” 

- OFM News