Instagram offers tools to appeal a fine, but the answer doesn’t always come in time. The legal route can be the solution for these cases.
You have to watch Instagram plus a digital photo album. The social network has features that allow stores to present and sell their products, service providers to share their work and produce content. That is, Instagram is a rich environment for business.
According to Statista, Instagram is the fourth most popular social network in the world. In Brazil, the report indicates that there are 95 million users on the network. This data reveals the enormous potential for customer prospecting through the platform, as well as the enormous extent of an environment conducive to information dissemination. In short, it is a fundamental tool for companies.
To be part of the platform it is necessary to follow the guidelines of the community and the rules of the terms of use, a contract voluntarily and voluntarily signed by the user when creating the account. And, if the platform understands that postings made by the user violate the policies, the account is suspended or often deleted.
With a simple internet search, anyone can find the official policies, the text of which is written in a clear and accessible way, so that they are respected without risk of sanctions. But have you ever come across the deactivation notice, for allegedly not following the rules of the community guidelines, or do you know someone who has?
We have noticed that, in most cases, such suspension or cancellation occurs arbitrarily and without the possibility of a broad defence.
So, if you believe that there has been a mistake and you have already tried amicably through the means the platform has to prove the mistake, but you have not received a return, the next step is to seek out a lawyer you trust. Together, you can verify if there really was a policy violation and collect the documents and evidence you need to file a lawsuit, aimed at reactivating your account.
How does the legal process to recover an Instagram account work?
The first step in preparing a lawsuit is to gather all the necessary identification and supporting documentation:
- identification: personal document, proof of residence, social contract in the case of a legal person;
- evidence: deactivation, number of followers, publications, attempted amicable resolution, declaration of decline in company revenues, and other proof of harm resulting from suspension.
With the documentation collected, it is usually necessary to file an obligation to act with a request for urgent protection. This means that the judge will be asked, in light of the arguments and evidence presented, to determine the reactivation of the account by the platform. Urgent guardianship is a legal measure that seeks to obtain a decision while court proceedings are ongoing.
The judicial procedure, without the request for urgent relief, in summary, works as follows:
- you start a lawsuit through the initial petition;
- the judge accepts the action and summons the platform to defend itself in the trial;
- you are asked to comment on the information presented by the platform through the reply;
- the parties are called upon to present the latest evidence;
- Finally the verdict.
The entire procedure takes place with a lawyer and requires a considerable amount of time, as it involves various factors, from the terms granted to the parties, which are counted in working days, to the workload of the competent judge. Therefore, the length of time a lawsuit lasts, as the case may be, can cause serious harm.
In cases where the delay could cause serious damage, it is possible to ask the judge to decide in advance, but in order for this decision to be granted, the following requirements must be met:
- the existence of elements that highlight the probability of the right
- danger of damage or risk to the useful outcome of the process
- the possibility of revoking the decision.
Practical example
The account of a company in the erotic products segment has been suspended for allegedly failing to comply with community guidelines, due to posting sexually suggestive content, according to the platform. The company in question attempted for five months to recover the account only administratively, i.e. through the platform without a complaint.
Analyzing the case, we identified that:
- the statement was generic
- the right of defense was not foreseen
- although it was sensitive content, the publications were still within Instagram’s policies.
In this sense, given the probability of the law, we have filed the action with a request for an early decision.
However, the court decided not to accept the early decision, given that, although the probability of the right and the possibility of revoking the application was clear, the danger of the delay no longer existed, as the company filed an appeal after six months of deactivation. It was therefore understood that the company could wait for the final decision.
A few months after the account was reclaimed via a lawsuit, Instagram suspended it again over the same allegations. However, this time, we immediately started a new lawsuit, with a request for an injunction, which was accepted so that the platform could reactivate the profile within 24 hours, without deleting the contents, allowing normal use, under penalty of a daily fine.
In both trials, the result was the same, however, at different stages. In the first, given the long times required to ask for help from the judiciary, it was possible to have a useful result only after having formalized the entire procedure step by step, unlike the second deactivation, which was circumvented with a precautionary measure. Remember, we are talking about the same account.
Therefore, if it is concluded that the deactivation has been carried out incorrectly and without respect for the principles of the law, it is appropriate to file a lawsuit, which is therefore subject to examination and appreciation by the Judiciary.
If you use the Instagram platform to increase your business, it is of paramount importance that you use the time factor in your favor. If your account has been suspended or cancelled, collect the necessary evidence and seek out a specialized lawyer you trust, as the time factor linked to the expertise of the professional who will help you will make all the difference in the recovery of your account.
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Source: Terra
Rose James is a Gossipify movie and series reviewer known for her in-depth analysis and unique perspective on the latest releases. With a background in film studies, she provides engaging and informative reviews, and keeps readers up to date with industry trends and emerging talents.
