Rio de Janeiro – The online social network for sharing photos and videos among its users, Instagram, was ordered to pay BRL 20,000 in compensation for moral damages to an influencer who had access to her account blocked. She appealed to justice after the profile, with about 70,000 followers, was hacked. In addition to the payment, the platform was obliged to reactivate the account.
Blogger Marta Bandeira, 50, known on social media as “Grandma fitness”, had her account deactivated for no reason and will therefore be compensated in R$20,000. In addition, the social network will have a period of three days to reactivate the account.
According to the website crumbs, the decision was taken by the 1st Special Civil Court of Barra da Tijuca, in Rio de Janeiro. In the action, the influencer stated that she has had the profile on Instagram for a few years and that, in September 2020, she had problems accessing it. The account had been blocked by the social network, which would not have offered means to resolve the situation.
The influencer says she sent emails to Instagram to try to recover the account. The company only reported that the account had been hacked and accessed by unrecognized devices. The plaintiff was forced to create a new profile, which led to the loss of followers and sponsorships.
With the process, she asked for the release of the account and compensation for moral damages, which was granted by the Justice. The lawsuit also demanded compensation for the loss of sponsorships. In this case, the request was rejected because the judge understood that there is no evidence of how much the influencer failed to receive.
Instagram says not to blame for hacking account
Facebook, the owner of Instagram, claimed that it is not responsible for hacking into the influencer’s account. For the company, there was no irregularity in the provision of services that would justify compensation for moral damages. The position, however, was not followed up in court.
In the sentence, Judge Juliana Furtado pointed out that Instagram has the responsibility to strengthen security and restore the service for victims of account hacking. According to her, the compensation must be paid because it is unreasonable for the influencer to be obliged to file a lawsuit to force the platform to fulfill basic duties provided for in the Consumer Protection Code.
“The conduct of the defendant certainly violated the principle of trust and caused damages to the plaintiff, which deserves reparation, as the situation experienced by the plaintiff brought him great inconvenience, and it is undeniable that the inconvenience caused by the defendant exceeded limits of mere annoyance, bringing various wear and tear, due to the total poor provision of services”, said the judge.
The judge concluded by granting Marta Bandeira’s requests and ordered Instagram to release access to the account, within three days, under penalty of a daily fine of R$ 300 reais, in addition to the obligation to pay compensation for moral damages fixed in R$ $20 thousand.