Think Before You Emoji: The Legality of Your Favorite Icons

It seems emojis have joined us in the courtroom! That's right, these charming symbols, which started as a lighthearted addition to our online chats, now have legal repercussions. So, are your casually dropped emojis legally binding? Let's decipher the code.

The Thumbs-Up Emoji Lawsuit

Just this month (July 2023), in a startling lawsuit in Canada, a humble thumbs-up emoji 👍 made headlines for its legal weight. Here's what happened:

A flax seed farmer was closing a deal with a grain buyer. When the buyer responded with a thumbs-up emoji to confirm the agreement, he expected the shipment of seeds. But the shipment never arrived, leading to a surprising legal fallout.

The judge ruled the thumbs-up emoji as a binding agreement to the contract. Although non-traditional, the emoji served as a valid "signature" for the deal. The verdict? The farmer had to cough up over $60,000 for the breach of contract.

So, this simple emoji, usually a symbol of approval or encouragement, just got a significant upgrade. In certain contexts, it now has the same clout as a signed contract.

Emojis as Investment Advice?

The Canadian court case is not a solitary instance of emojis being scrutinized under the law. Lisa Braganca, a former SEC branch chief, recently warned against using certain emojis in promotional materials. This followed a court ruling that classified DapperLabs’ use of emojis as investment advice.

Lisa Braganca via Twitter (23/02/2023)

The lawsuit against DapperLabs focused on their NBA Top Shot Moments marketing material. It was accused of promoting non-fungible tokens (NFTs) as investment opportunities using carefully selected emojis. The implicated emojis? The rocket ship 🚀, stock chart 📈, and money bags 💰 emojis were alleged to promise a financial return on investment.

While DapperLabs argued the emojis were merely symbolic representations of market data, the court disagreed. According to the ruling, emojis could indeed signify investment advice. So now, not only do you need to mind your words when promoting investments, but you also need to be cautious about your choice of emojis.

Emojis: A New Legal Language

When Apple first released their emoji keyboard in 2011, it was seen as a novel way to enhance our digital conversations with fun, supportive images. Fast forward to today, we're seeing these colorful symbols being interpreted as their own language. They carry enough weight for a judge to rule in favor of a plaintiff in a case where the sender used the emoji as a casual confirmation, not a formal seal of approval.

Emojis, like words, are open to interpretation. Depending on the context, a simple thumbs-up or a rocket ship emoji can have profound implications. In a world where our online and offline realities are increasingly intertwined, the lines between casual conversation and binding agreements are blurring.

Final Thoughts: Emojis - Proceed with Caution

If you're a business owner or entrepreneur frequently using social media, it's time to rethink how you use emojis. They're no longer just fun, colorful additions to your messages. They've entered the legal realm and can potentially bind you to agreements or be seen as giving professional advice.

Always remember, while emojis add personality to your conversations, they can also carry weighty implications. So, next time you're about to drop an emoji, stop, think, and ensure it conveys the right message - legally and otherwise.