In the context of business, emoticons have often found a character in cases of harassment or hostile work environment. Although not often included in the ”standard” package of emoticons on computers and phones, ”adult” or ”X-rated” emoticons are easily accessible. These emoticons range from relatively harmless buxom smiley faces to more adult subjects. Even if they are designed as a joke, the use of these emoticons has considerable potential to be interpreted as an invitation – or pressure – to sexual or romantic activities. In addition to sexual images, there are emoticons that are in themselves disorders of sexual orientation, race, nationality and disability. Even a seemingly benign image like a wink smiley face could be interpreted as an allusion to sexual activity or an ”insider joke,” or misinterpreted. Emoticons are now available in all shapes and sizes. They have gone beyond their incomparable and circular yellow format and can present themselves as wine glasses, puppies, food, national flags and some unaetizing materials that are not yet considered. A quick count of emoticons on a mobile phone shows 98 variants of the original smiley in different shades and emotional states. Far from the harmless scratches of yesteryear, emoticons can now express anger, joy, irony, humor and envy. A case recently heard in Israel concerning a real estate lease agreement illustrates the problems.
After visiting a rented property, an interested tenant sent the following email to the landlord: ”Hello. You want the house and you just have to look at the details. When is it going with you? (translated from Hebrew). The message was accompanied by emoticons accompanied by a smiley face, a bottle of wine and dancing characters. When the alleged tenants did not show up to make the deal, the landlord filed a complaint, claiming that he had taken the property off the market with confidence in the communications of the alleged tenants. In choosing the owner of the land, the court said, ”These symbols, which give the other party that everything was fine, were misleading.” On your phone and in most apps, just look for the universal face of the smiley or, if you have enabled more than one language and an emoji keyboard, the globe icon. If you can`t find the emoji keyboard in iOS or Android, check your keyboard options in your device`s settings. Whether a contract exists depends on the ”objective intention” of the parties to enter into an agreement. Even if a party`s ”subjective” intention was only to negotiate, a court will find that there is a contract if the ”objective intent” – as the situation appears to be a reasonable observer – indicates that a party intended to enter into an agreement. Adding an emoji like the ”thumbs up,” ”handshake,” or circled fingers that sign signify ”OK” can create a reasonable expectation that the sender has agreed to a contract.
Anyone who thought that sending a smiley face or an inch in the air could put you in legal trouble. The study […] discussed a case in Israel where a couple was looking for housing. They wrote to an owner a series of emoticons, including a smiley face, a comet, a bottle of champagne, dancing yellow rabbits and a striped squirrel. The owner believed, in part due to the emoticons, that the couple had agreed to rent the apartment….
