The fake account was noted with the addition “was hacked”. Photos of the woman whose name was also used for the fake profile were posted. Namely, pictures in which she was seen in her underwear. These photos were garnished with texts that suggested interest in sexual contacts.

Users spoke to the woman about it, whereupon she reported the fake account and asked Instagram for the contact details of those who created the profile.
The account was blocked by Instagram. However, the woman did not receive the data.

Those affected sued and won

The victim then chose to go to court. However, the Flensburg regional court ruled that Instagram was right.

But now the Higher Regional Court in Schleswig-Holstein decided differently: Instagram had to release the data in accordance with the plaintiff's demands.

Keyword: Protected rights

By creating the fake account and posting pictures, the plaintiff's protected rights were violated.
The comments on the photos also reduced their social value, which is tantamount to an insult. However, in order to assert civil claims, information such as name, email address and telephone number of the fake account is required.

Higher Regional Court in Schleswig-Holstein has made a judgment so that the operators of Instagram now had to release the contact information for the fake account.

According to the ruling, the platform operators are now obliged to release contact information for accounts and fake accounts that violate the personal rights of other users in a criminally relevant manner.

You may also be interested in: Facebook recovery code: Beware of phishing!

Source: Schleswig-Holstein state government , BasicThinking


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