Camilla Baasch Andersen (University of Western Australia Law School), Marilyn Bromberg, and Matthias Pendl (Max Planck Institute for Comparative and International Private Law), A Thumbs Up for Emojis in Contracting and Legal Communication, Transatlantic Law Journal (forthcoming) on SSRN. Here is the abstract:
Digital communication poses new challenges for the law, with emojis emerging as a particularly striking example. Not only have emojis become a widespread mode of expression, but they have also increasingly been considered by courts worldwide. This article examines one of the most prominent cases to date: the “Thumbs-Up Emoji Case” from Saskatchewan. It analyzes the key reasoning of both the Court of King’s Bench and the Court of Appeal for Saskatchewan. It then places the case in the broader context of judicial decisions involving emojis across different areas of law, identifying emerging principles for their legal interpretation, particularly with regard to conventional meaning, subjective intent, objective impression, and context. Finally, it draws connections to the wider phenomenon of contract visualization, highlighting how visual elements are reshaping legal communication. The core message is this: the law must take emojis seriously.
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