Can A Thumbs-Up Emoji

• Law Firm: Covenant Chambers
• Subject Matter: Litigation, Mediation & Arbitration, Technology, Court Procedure, New Technology
• Author: Mr Wee Qianliang
• Published date: 30 July 2023

What is an Emoji

In one of our local judgments, the Court defined an emoji as a "digital picture of or pictorial symbol that represents a thing, feeling, concept, etc., used in text messages and other electronic communications". ¹

The Prevalent Use of Emojis in Modern Society

Emojis are a global phenomenon and are prevalent in our daily communications with our friends, colleagues, employees, stakeholders and even clients. Over ten billion emojis are sent each day by ninety-five per cent of the online population. ² These emojis are commonly used in our communications via messaging apps, including but not limited to, WeChat, Apple Inc's 'Messages'.

So commonly are emojis used in our communications nowadays that they are not confined to social settings. Many of us now use emojis in our conversations which can extend to business settings. ³ Therefore, it is unsurprising that Singapore judgments now contain references to the use of emojis which may be contained in the communications of parties or witnesses in relation to the legal proceedings. ⁴

Having said that, it is not a prudent practice to use emojis in contractual settings. In an article by Timothy Murray, a lawyer in Pittsburgh, Pennsylvania, he suggests that the legal landscape of contracting by emoji is littered with traps for the unwary. ⁵ The interpretation and understanding of certain emojis varies in different countries and cultures. For example, in countries such as Italy, Greece, Iran and Afghanistan, people interpret the "thumbs up" emoji (??) as a sign of disrespect ⁶. In the eyes of Gen Z, the thumbs-up emoji is seen as passive-aggressive, hostile and a low-effort response ⁷. Having said that, in Western Cultures, the thumbs-up emoji is generally taken to mean assent, approval, or encouragement in digital communications ⁸.

Therefore, would the Singapore Courts similarly hold that a "thumbs up" emoji could amount to an acceptance of a contract? As much as I would like to give an equivocal "yes" or "no" answer, it really depends! Before I set out my views, it would be helpful to look at the relevant legislation and case law in relation to this subject.

Electronic Transactions Act

In the context of Singapore, section 11 of the Electronic Transactions Act 2010 ("ETA") provide, inter alia, that an offer and acceptance may be expressed by means of electronic communications. In other words, the ETA allows the use of electronic or digital signatures save for certain documents, including: -

a. The...