We now live in a digital world where we use text messages, memes and posts to communicate. In these texts, memes and posts we now frequently use emojis to communicate our thoughts and feelings in a creative manner. In fact these emojis are considered to be the first language of the digital world.
It has been observed that 92% of millennials now use emojis in their day to day communication and the use of emojis has now risen by 775% in the past three years. However, the use of emojis is now resulting in misunderstanding and confrontations which are leading to court battles. Statistics reveal that over the years, there has been a gradual rise in cases related to use of emojis being brought to the courts in many countries.
In June a judge in a Canadian Court ruled that a thumbs up emoji is as much as a valid signature as a physical signature and is legally binding. The case, in the Canadian Province of Saskatchewan, was between a grain buyer Kent Mickleborough of South West Terminal, Ltd.; an independent farming company based in Canada and a farmer Chris Achter.
In March 2021 the company texted that it was looking to buy 86 tons of flax seed at 17 Canadian dollars, which translates to US $12.73, per bushel. The buyer, Kent Mickleborough, contacted farmer Chris Achter, who was interested in selling his seed, over the phone and texted him with an image of the contract for the sale requesting him to “please confirm flax contract to deliver the 86 tons of flax by November of that year.
Achter replied with a thumbs up emoji. However, Achter did not deliver the bushels that month and the market price for flax increased beyond the contractually offered rate during that time. Mickleborough had signed the contract physically and believed that Achter’s thumbs up emoji was a virtual signature on Achter’s part. When the seeds were not delivered Mickleborough sought judicial remedy.
Mickleborough and South West Terminal contended in their lawsuit that Achter’s thumbs up emoji was a virtual signature on his part to the contact. Achter denied the same and said that he had sent a thumbs up emoji only to confirm the receipt of the contract document and he was awaiting a physical copy to be signed by him.
Judge Timothy Keene who heard the case ultimately ruled that Achter’s “thumbs up” counted as a formal agreement of the contact with South West Terminal. The court acknowledged that a “thumbs up” emoji was a non-traditional means to ‘sign’ a document but nevertheless under the circumstances it could be construed as a valid way to convey the two purposes of a ‘signature’.
In his decision Judge Keene further remarked that the case reflected a “new reality in Canadian society” and that the legal system would now have to contend with emojis beyond the “thumbs up” sign as a regular part of conversation and expression between people. He therefore ruled that Farmer Achter had to pay damages to the tune of 61,000 Canadian dollars.
More cases related to emojis are now happening across the world. In 2016 a French Court convicted a Man of threatening his ex-girlfriend with a gun emoji and punished him with 6 months in prison and a 1200 dollar fine.
In 2017 in a case of stalking in New Zealand the accused was sent to jail for 8 months on the basis of an emoji sent by him. In India, during 2018 a criminal case was filed against 46 BSNL Employees who responded to a lady’s official communication in a WhatsApp Group with an emoji of “smiley face with tears” were charged with sexual harassment. Luckily for them The Madras High Court quashed the case and found them not guilty of sexual harassment.
Attorneys now stand up in court to argue the different interpretations of emojis such as knives and hearts. A heart emoji emoji sent by a Manager to a female employee can be termed as sexual harassment by the HR Department of the company.
While emojis allow us to be colourfully creative they can also lead to misinterpretation. Just as in the spoken word so too in emojis, it may be difficult to pinpoint the intent or meaning behind the communication. One emoji can have multiple meanings. While a like in the form of a thumbs up emoji can be given as an approval or confirmation of a view, youngsters today also use it sarcastically.
So think before you press the emoji of your choice…
