As it stands, South African law has no specific case law addressing the use of emojis to indicate agreement or the intention to be bound by a contract. There is also no clear definition of emojis under the country’s laws however, it is something that the courts will have to interpret in time to come.
In a recent Canadian case the Judge ruled that a “thumbs up” Emoji can represent contract agreement and can stand as an electronic signature.
Most cases around the world involving emojis are sexual harassment or criminal cases but, the emoji is starting to emerge in contractual law now too. Cases involving emojis have doubled in the USA over the past two years.
There are over 3000 emojis available currently, many of which have or could be interpreted to have multiple meanings and, different brands have different (but relatively similar) emojis.
Think before you post – the consequences could be dire.
For legal assistance, contact us.
Contact