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Digital influencer will be indemnified for account improperly excluded on Instagram

The 1st Small Claims Court of Aracaju ordered Facebook to pay approximately USD 750 due to moral damages caused to a user who had its Instagram account improperly excluded1.

The lawsuit was filed by a user who had his Instagram account excluded because a “re-post” publication would have infringed a third party’s industrial property right. The judge held that the claimant’s account could only have been excluded if the offending conduct had been reiterated, as provided by the guidelines in the terms of use of the social network.

Considering that the user is a digital influencer with more than 33,000 followers, the judge awarded him moral damages due to constraints caused to him. Besides the payment of damages, Facebook was ordered to reactivate the account, under the penalty of a daily fine.

1 Lawsuit No. 0000363-95.2019.8.25.0083