Digital Consent in Indian Contract Law: Reimagining Offer and Acceptance in the Age of Platform-Mediated Communication

As per Oxford Dictionary, Emojis are “small digital images or icons used to convey an idea, an emotion etc.”, via electronic communications. However, there is currently no legal definition concerning emojis, so courts are left to interpret them on a case to case basis. The fundamental and unavoidable element of any business transaction is a contract. The fundamental rules governing the creation and termination of contracts are established by the Indian Contract Act, 1872. The conventional method of contract formation and execution has been replaced with a modern one due to technological advancements. This covers the use of digital communications and technology. The Information Technology Act of 2000 regulates the creation and performance of electronic contracts. It is now quite simple to conduct business transactions because of digital communication tools like Telegram, WhatsApp, and e-mail. With the legal acknowledgment of non-traditional representations of intent, digital communication has significantly changed the area of contract law. Emojis are essential components of contemporary digital communication, which serves as the foundation for the development of not only different social interactions but also business and legal interactions are also communicated via them. This growth keeps the courts and legal field engaged wondering if emojis can really have legal implications when it comes to expressing an offer or acceptance or refusal in a contract. In order to overcome the difficulties and ambiguities that parties experience in the digital age, the Indian legal system must change and establish a clear interpretation of emojis as a form of digital expression in contracts. The fundamental and unavoidable element of any business transaction is a contract. The fundamental rules governing the creation and termination of contracts are established by the Indian Contract Act, 1872. The conventional method of contract formation and execution has been replaced with a modern one due to technological advancements. This covers the use of digital communications and technology. The Information Technology Act of 2000 regulates the creation and performance of electronic contracts. It is now quite simple to conduct business transactions because of digital communication tools like Telegram, WhatsApp, and e-mail.