In a recent ruling, a Canadian judge declared that a “thumbs up” emoji carries the same weight as a physical signature and can be considered a binding agreement.
This decision serves as a reminder for photographers and other creative professionals to exercise caution when responding to clients in the digital age of casual emails and text messages.
The case involved a grain buyer who sent a mass text message to potential clients, expressing interest in purchasing 86 tons of flax at a certain price.
One of the sellers received a contract via text message and requested confirmation of receipt, asking the buyer to “please confirm flax contract.” In response, the buyer simply replied with a thumbs-up emoji.
Later on, when the price of flax changed, the buyer attempted to back out of the deal, claiming that the thumbs-up emoji merely indicated receipt of the contract, not acceptance of its terms.
However, the seller argued that the emoji demonstrated the buyer’s agreement to the contract. The court ultimately agreed with the seller’s interpretation.
Justice Timothy Keene, who presided over the case, acknowledged that using an emoji as a method of “signing” a document is unconventional.
However, given the circumstances, he considered it a valid way to fulfill the two purposes of a signature.
The defense argued that accepting the “thumbs up” emoji as an indicator of contract acceptance would potentially open the doors to various interpretations of other emojis, such as the “fist bump” or “handshake.”
In response, Justice Keene explained that the court cannot halt the progress of technology and the common use of emojis.
It’s important to note that this ruling currently only applies to Canada.
However, it highlights a situation that could easily arise in places like the United States and Europe.
Creative professionals should exercise care when digitally responding to clients as there is now a legal precedent demonstrating that informal use of emojis can hold legal weight.
In a world where a simple emoji can seal a deal, photographers must be mindful of every digital interaction. Don’t underestimate the power of a thumbs-up. It could just mean you’ve agreed to a binding contract.