German Court Rules Facebook's 'Real Name' Policy Is Illegal

German Court Rules Facebook's 'Real Name' Policy Is Illegal

BERLIN — In a ruling of particular interest to those working in the adult entertainment biz, a German court has ruled that Facebook’s "real name" policy is illegal and that users must be allowed to sign up for the service under pseudonyms.

The opinion comes from the Berlin Regional Court and disseminated by the Federation of German Consumer Organizations, which filed the suit against Facebook.

The Berlin court found that Facebook’s real name policy was “a covert way” of obtaining users’ consent to share their names, which are one of many pieces of information the court said Facebook did not properly obtain users’ permission for.

The court also said that Facebook didn’t provide a clear-cut choice to users for other default settings, such as to share their location in chats. It also ruled against clauses that allowed the social media giant to use information such as profile pictures for “commercial, sponsored or related content.”

Facebook told Reuters it will appeal the ruling, but also that it will make changes to comply with European Union privacy laws coming into effect in June.

Regulations involving social media tend to be tougher in Europe than what Facebook faces in the U.S.; however, Europe’s fight for consumers could ultimately strengthen privacy for users on a global basis.

Lauren MacEwen, 7Veils Social Media’s CEO and top strategist, told XBIZ that the Facebook naming policy has been discriminatory for a long time, particularly to those who have stage names — like adult performers and other celebrities.

“Porn stars use stage names for a variety of different reasons, one of which is to protect their privacy,” MacEwen said. “Facebook requiring people to use the names on their legal documents, instead of the name they are publicly known for, not only can be career damaging but is a safety issue.

“The German ruling that the Facebook naming policy is illegal is a big win for consumer privacy,” MacEwen said. “The naming policy is tied with a larger issue revolving around consent for data usage. The court found that Facebook’s consent for data were invalid and requiring real names is a ‘covert way’ of getting user consent to share their names.

With the upcoming U.K. privacy regulations as part of the Digital Economy Act, “Facebook will likely be facing more issues like this and may have to radically change some of their policies surrounding data collection,” she said.

“As Alastair Graham from AgeChecked.com said, ‘Most customers are not aware of how Facebook uses their data. Facebook can’t just assume that the customer wants to opt in in every case.’”

Ela Darling, VR content manager for CAM4VR, told XBIZ that adult entertainers simply don’t want to be steered to use real names on social media platforms like Facebook because calamity can set in.

“For adult performers and sex workers in general, any bit of private information is a gateway to danger for us when it falls into the hands of people who wish us harm or who don't understand/respect our personal boundaries,” Darling said. “By forcing us to use our legal names, Facebook would open us up to harassment or worse from stalkers and rabid fans.

“There's a lot in a name, especially if your name is unconventional. People might use it to find our home addresses or our families," she said. "I've had this happen myself: someone managed to sleuth out a family member's work phone number and harassed them in their workplace as a result."

Darling noted that as a community porn had to fight against this invasion of privacy when a certain website cross-referenced legal names and stage names “and site members used this as a jumping off point to personally dox any performer they particularly loved or hated.”

“We’re living in an age where you can weaponize personal information against people, and a site like Facebook that has become such a utility in people's lives has a responsibility to recognize that,” Darling said.

Industry attorney Marc Randazza called the German district court's ruling a "good" decision.

"Europe protects privacy," he told XBIZ. "The U.S. does not."

Related:  

Copyright © 2025 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Chaturbate Announces 2025 Music Contest Winners

Chaturbate has revealed the winners of its 2025 music competition.

2026 XBIZ Exec Awards Pre-Noms Open With Debut of New 'Impact' Honors

XBIZ is pleased to announce that the pre-nomination period for the 2026 XBIZ Exec Awards, the adult industry’s premier career honor, begins today and runs through Oct. 14.

MYM Launches New Traffic System

German creator platform MYM has launched a new traffic system for its members.

Ukrainian Content Creators on Hook for Nearly $10M in Back Taxes

Content creators in Ukraine owe the equivalent of $9.3 million in back taxes, according to the country's State Tax Service.

European Patent Office Board of Appeals Revokes EIS GmbH Patent

The European Patent Office (EPO) Board of Appeals last week ruled in favor of pleasure brand LELO in the company's ongoing dispute with Satisfyer parent company EIS GmbH.

Eroutique Relaunches Site Through YourPaysitePartner

Eroutique has relaunched its official website through YourPaysitePartner (YPP).

Update: Pornhub Will Not Block Ohio, Despite AV Law

Pornhub parent company Aylo will not block access to its websites in Ohio, despite new state age verification rules that came into effect Sept. 30.

Pineapple Support, Pornhub to Host 'ADHD-Friendly' Support Group

Pineapple Support and Pornhub are hosting a free online support group for performers with ADHD.

Judge Dismisses Some Claims in 'Children of Pornhub' Trafficking Suit

A United States district judge on Friday dismissed some but not all claims against Aylo in a long-running case involving CSAM allegations featured in the influential 2020 New York Times article “The Children of Pornhub.”

FSC Sets Key Dates, Qualifiers for December Board of Directors Election

The Free Speech Coalition (FSC) today announced key dates and qualifiers for its upcoming Board of Directors election.

Show More