Emojis adding new dimension of unpredictability and ambiguity to electronic communications

A recent US article (by Mike Cherney in the Wall Street Journal Online) drew attention to the increasing prevalence of emojis in litigation. Emojis (or "emoticons") are of course the thumbnail drawings, usually of a stylised face but also of other objects, which can easily be inserted into emails or text messages.

Should we be surprised at the intrusion of the emoji into litigation in which, obviously, electronic communications are being scrutinised? Probably not.

What is an emoji?

The simplistic response, given above, is a little face (although there are plenty of other kinds, very notably the "thumbs-up" or "thumbs-down" symbols). However this doesn't really answer the question.