No right to activation

If a privately used Facebook account has been blocked for security reasons, the user has no right to have it activated in an expedited procedure if Facebook has already been prohibited from irretrievably deleting the account. The fact that the user is temporarily unable to maintain his private contacts via Facebook until any main proceedings have been completed is acceptable. The Higher Regional Court on Main (OLG) has rejected a Facebook user's complaint in a published decision.

  • The applicant has a Facebook account.
  • Facebook suspended and deactivated this account for failing to comply with Facebook community standards.
  • The applicant, who claimed her account had been “hacked,” then sought an injunction.
  • Facebook should be required to restore the account and allow her to use it again.
  • In any case, Facebook should be prohibited from irretrievably deleting the account.
  • The regional court had prohibited Facebook from irretrievably deleting the account and otherwise rejected the application.

With her immediate complaint against this, the applicant continues to request that the account be restored and the possibility of use be granted. She had no success with this before the Higher Regional Court either.

The applicant did not provide sufficient reasons for the particular urgency of her request. Due to the ban on account deletion already ordered by the regional court, the applicant is sufficiently protected against the loss of the data she requires and can be accessed via her account.

“The applicant would have to accept that the applicant would have to forego active (and probably also passive) use of the Facebook account until the main proceedings have been concluded, in which the lifting of the account blocking and deactivation can be requested,” the OLG continued .

Unlike a decision from another OLG that she cited, this was not about the loss of a five-digit number of followers. Rather, the applicant relies exclusively on her private contact maintenance and the associated communication. It is far from the case that the applicant cannot use these contacts via other social media. In addition, it is still possible that the Facebook account was used by third parties without authorization. It is not stated that further such use will be prevented if the account is activated in an expedited manner.

The decision cannot be appealed.

Frankfurt am Main Higher Regional Court, decision of March 27, 2023, case number 17 W 8/23
(previously Hanau Regional Court, decision of February 28, 2023, case number 9 O 213/23)

The decision will soon be available at www.rv.hessenrecht.hessen.de .


Source: Press release from the Higher Regional Court of Frankfurt am Main


Also read: Revealed: Fraudulent child missing reports on Facebook


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