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Meta must pay a fine of R$500,000 for failing to comply with an injunction that forced the platform to reactivate a store's profile on Instagram. The decision was made by the 16th Chamber of Private Law of the TJ/SP, which also ordered the company to pay R$250,000 for lost profits to the plaintiff.

 

For the panel, it was proven that the company did not present plausible reasons for the blocking, in addition to considering evidence of the financial damage that the store suffered with the deletion of the account.

 

 

Upon failing to comply with the injunction, TJ/SP sentenced Meta to pay a fine of R$500,000; company still pay R$ 250 thousand to the author of the action. (Image: Guilherme 

Understand the case

 

The store stated that its profile was suspended on the social network Instagram, with the allegation that it had violated third-party copyrights by selling a unicorn-shaped jumpsuit.

 

In defense, Meta, owner of the social network, stated that it responded to the author's unblocking request, informing that she had accepted the terms of use of the social network when she registered, therefore, the suspension was fair.

 

When evaluating the action, the lower court granted an injunction for the company to reactivate the profile, since Meta presented generic reasons that justified the deactivation and closure of the account.

 

In a ruling, judge Laura de Mattos de Almeida, from the 29th Civil Court of São Paulo/SP, confirmed the injunction for the company to reactivate the profile, as well as condemning it to pay a fine of R$500 thousand for not comply with the precautionary measure.

 

Collegiate decision

 

However, the store appealed the decision asking for loss of profits, stating that it had a huge drop in revenue due to the suspension of its profile on the social network.

 

When casting his vote, the appeal's rapporteur, judge Miguel Neto, considered that the company "did not prove any violation of Instagram's contractual terms that would legitimize the cancellation of the author's profile" .

 

Therefore, the decision to reactivate the author's profile was maintained.

 

In evaluating the request for lost profits, the judge understood that, contrary to the platform's allegation , "there was not a mere allegation that the author stopped earning hypothetical profit, but rather proof that in a previous period there was revenue much higher than that presented after the deactivation of the account and that the perception of these fruits was expected".

 

"It is undeniable that the author suffered losses resulting from the deactivation of her account on the social network, as she demonstrated profitable commercial activity with the sale of geek-themed products, and it is certain that the interruption in the dissemination of the products sold by her is directly due to the exclusion of profile on the Instagram platform."

 

Thus, the board, following the rapporteur's vote, maintained the decision ordering the reactivation of the Meta account, as well as fining it R$500 thousand for not complying with the injunction and ordering it to pay R$250 thousand for lost profits.

 

Lawyer Gabriel Leôncio Lima works for the store's profile.

 

Process :  1108902-55.2022.8.26.0100

 

link: https://www.migalhas.com.br/quentes/408487/meta-pagara-multa-e-lucro-cessante-por-nao-liberar-conta-no-instagram