Legal strategies against unauthorized blocking of social media accounts

Introduction:

In my legal practice, I regularly encounter cases in which commercial clients, in particular influencers, are confronted with the challenge of unauthorized blocking of their accounts on platforms such as Instagram or TikTok. These blocks often occur despite careful adherence to the platform guidelines, which can lead to significant professional and financial disadvantages. In this context, it is crucial to develop effective legal strategies to combat these unjustified measures and protect the rights of those affected. This blog post highlights the various legal avenues open to influencers and other commercial users to recover their accounts and take action against unjustified restrictions on their online presence.

Legal advice as a first step:

The first step in confronting an unauthorized blocking is to consult a lawyer specializing in IT law. An experienced lawyer can assess the situation precisely and advise on which legal steps are sensible and promising. This can range from a formal complaint to legal action against the parent company of Instagram or TikTok. Legal advice is crucial to understanding your rights and making an informed decision about how to proceed.

Temporary injunction as an urgent measure:

In cases where blocking the account has immediate and serious consequences, applying for an injunction can be an effective but risky solution. An interim injunction is a court order aimed at achieving an immediate restoration of the account until a final decision is made. This is particularly relevant if the account is used for business purposes and the blocking leads to financial losses or other significant disadvantages.

However, it is important to emphasize that applying for a temporary injunction is associated with high risks and therefore requires careful consideration and detailed consultation with a specialist lawyer. The risks include the costs of the proceedings, the possibility that the injunction will be rejected and potential legal consequences if the account block was justified after all.

Despite these risks, an injunction can be a sensible option in certain situations, especially if the Instagram or TikTok account is a significant source of income or is essential to your professional presence. In such cases, restoring the account quickly can be crucial in order to avoid further business damage and to continue working.

The decision to seek an injunction should be based on a thorough analysis of the specific circumstances of the case, including the strength of the evidence and the potential impact of the account suspension. I can help to realistically assess the chances of success and determine the best course of action.

Claims for damages in the event of financial loss:

In cases where blocking the account has immediate and serious consequences, applying for an injunction can be an effective but risky solution. An interim injunction is a court order aimed at achieving an immediate restoration of the account until a final decision is made. This is particularly relevant if the account is used for business purposes and the blocking leads to financial losses or other significant disadvantages.

However, it is important to emphasize that applying for a temporary injunction is associated with high risks and therefore requires careful consideration and detailed consultation with a specialist lawyer. The risks include the costs of the proceedings, the possibility that the injunction will be rejected and potential legal consequences if the account block was justified after all.

Despite these risks, an injunction can be a sensible option in certain situations, especially if the Instagram or TikTok account is a significant source of income or is essential to your professional presence. In such cases, restoring the account quickly can be crucial in order to avoid further business damage and to continue working.

The decision to seek an injunction should be based on a thorough analysis of the specific circumstances of the case, including the strength of the evidence and the potential impact of the account suspension. An experienced lawyer can help to realistically assess the chances of success and determine the best course of action to effectively defend the client’s rights and interests.

Network Enforcement Act (NetzDG) as a possible starting point:

The Network Enforcement Act (NetzDG) could play a role in some cases, especially when it comes to the removal of illegal content and the protection of freedom of expression. Although the NetzDG is primarily aimed at combating hate speech and fake news, it can also serve as a framework for reviewing blocking, especially if this can be seen as an unjustified restriction of freedom of expression or, in case of doubt, discrimination! However, the application of the NetzDG in cases of account blocking should be carefully examined and is not a foregone conclusion.

Conclusion:

The unauthorized blocking of a social media account can be a serious challenge for commercial users, especially influencers. Legal steps such as seeking legal advice, examining an injunction, investigating claims for damages and the possible application of the Network Enforcement Act are important options available to those affected. It is crucial to be aware of your legal options and to act proactively to protect your rights and interests.

Author: Marian Härtel

Marian Härtel ist Rechtsanwalt und Fachanwalt für IT-Recht mit einer über 25-jährigen Erfahrung als Unternehmer und Berater in den Bereichen Games, E-Sport, Blockchain, SaaS und Künstliche Intelligenz. Seine Beratungsschwerpunkte umfassen neben dem IT-Recht insbesondere das Urheberrecht, Medienrecht sowie Wettbewerbsrecht. Er betreut schwerpunktmäßig Start-ups, Agenturen und Influencer, die er in strategischen Fragen, komplexen Vertragsangelegenheiten sowie bei Investitionsprojekten begleitet. Dabei zeichnet sich seine Beratung durch einen interdisziplinären Ansatz aus, der juristische Expertise und langjährige unternehmerische Erfahrung miteinander verbindet. Ziel seiner Tätigkeit ist stets, Mandanten praxisorientierte Lösungen anzubieten und rechtlich fundierte Unterstützung bei der Umsetzung innovativer Geschäftsmodelle zu gewährleisten.