Craig Ward one of our solicitors has recently published in the Law Society Gazette article on Emoji Law.
Emoji’s come across as innocent amusing pictures until you litigate with them.
Mostly documents are signed with wet signatures. Others adopt a more technical approach using online signing platforms. The more enterprising are using emoji’s to sign their documents.
Legislation prescribes certain documents need to be evidenced in writing. Other agreements are signed as deeds or as witness statements with an appropriate statement of truth. Each of these is signed by the maker giving their consent to the documents contents. The courts have manoeuvred themselves into ‘cut and paste’ signings and email footers as signatures. Cases are now turning to pixelated emojis. For example Vardy v Rooney [2022] EWHC 2017 (QB) or GKE v Gunning [2023] EWHC 332 (KB). These and other cases examine the use of emojis as consenting signatures. What is seemingly omitted is the pixel construction of the emoji. As with any developing area of law the use of emojis now requires a more detailed examination.
https://www.lawgazette.co.uk/practice-points/what-is-the-legal-meaning-of-an-emoji/5120897.article