Is a thumbs-up emoji equivalent to a legally binding signature?

Stop sending random thumbs-up emoticons; you could get in trouble with the law. A court in Canada has made the ground-breaking judgement that the “thumbs-up” emoji is equivalent to a standard signature in terms of legal significance. The decision was made when the court ordered a farmer to pay C$82,000 ($61,442) for contract infringement.

at the Canadian province of Saskatchewan, the case was heard at the Court of King’s Bench. 86 tonnes of flax at a cost of C$17 ($12.73) per bushel were to be purchased by South West Terminal in March 2021, according to a mass text message issued to customers by grain buyer Kent Mickleborough on behalf of the firm.

Mickleborough spoke with farmer Chris Achter over the phone, then sent him a text message that included a photo of a contract for the delivery of the flax in November. Mickleborough asked Achter to “please confirm the flax contract” in the message, and Achter responded with a thumbs-up emoji. But Achter didn’t deliver the flax as scheduled, and by then the cost of the crop had increased.

The interpretation of the thumbs-up emoji was at the heart of the argument between Mickleborough and Achter. Mickleborough said that Achter’s usage of the emoji demonstrated her understanding of the terms of the contract by noting other occasions when contracts were acknowledged through text message using emoticons. Achter, on the other hand, maintained that the emoji did not indicate acceptance but was only an acknowledgement that the contract had been received.

During the judicial hearings, Achter’s legal representative objected to his client being questioned on how to interpret the thumbs-up emoji, claiming Achter lacked knowledge of how to read emojis. The case’s judge, Justice Timothy Keene, acknowledged that the thumbs-up emoji was a non-traditional way of “signing” a document and conducted substantial investigation into its meaning. But he found that in this specific instance, the emoji successfully communicated the two primary goals of a signature.

Justice Keene dismissed the defense’s concerns that recognising the thumbs-up emoji as a sign of approval may lead to a different interpretation of other emojis, such as the “fist bump” or “handshake.” He acknowledged that emojis have become a part of the new normal in Canadian culture and emphasised that the court shouldn’t stand in the way of technological advancement and widespread use. As a consequence, courts must be equipped to handle any issues that may occur from their application.

The decision underlines the necessity for courts to change to reflect the rapidly expanding forms of expression in the digital era and represents a major advancement in the legal acknowledgment of emojis as legitimate forms of communication.