Schleswig In the case, unknown persons had opened an account on Instagram. Namely with a username that contained the first name of the later plaintiff as well as the indication “was hacked”. Photos were uploaded there, which showed the young woman dressed only in underwear, but with a face hidden by a smartphone. The descriptions of the posts gave the impression that the woman was interested in a variety of sexual contacts. Blocking yes, contact details no? After Instagram users recognized the woman and approached her, she reported the fake account to Instagram and at the same time demanded the release of the contact information belonging to the account. As a result, Instagram blocked the account, but refused to provide information about the requested data. In the following legal dispute, Instagram was initially proved right in the district court. But the Higher Regional Court then ruled in the plaintiff’s interest: Instagram had to give out the name, e-mail address and telephone number that belong to the account. The plaintiff has violated absolutely protected rights to Instagram as a platform operator with such a right to information. The information is necessary for the enforcement of civil law claims due to the violation of absolutely protected rights due to illegal content. By creating the fake account and uploading the photos along with comments, “the social validity value of the applicant is reduced”. This is an insult. In order to be able to assert its rights against the unknown creators under civil law, the plaintiff is dependent on the information of the platform operator.
Verdict: Instagram has a duty of information on fake account
