BERLIN — A German court has ruled that while a regional media regulatory agency may block specific Instagram posts that include material deemed harmful to minors, it cannot ban an entire Instagram account due to such a post.
In November 2022, the Berlin-Brandenburg Media Authority (MABB) — which regulates broadcasting and digital media in the states of Berlin and Brandenburg — banned the Instagram account of an adult performer with over 100,000 followers.
The agency deemed that the performer’s content presented her in a highly sexualized manner inappropriate for children and young people able to access Instagram, as it promotes promiscuity and stereotypical gender roles. The performer contended that she presents herself on Instagram as a "self-determined woman with a focus on physicality."
The performer sued the MABB on Dec. 19, 2022.
According to a statement issued Wednesday, the Berlin Administrative Court largely upheld the plaintiff's claim, ruling that even if much of the plaintiff's Instagram content is harmful to minors, the MABB is not empowered to ban her entire account, as such a measure would be disproportionate. Instead, the court ruled, the MABB must specifically identify objectionable posts.
The court’s statement adds, “Furthermore, this would demonstrate to the plaintiff – also for the future – which content was permissible and which was not.”
The ruling does not impact actions taken by the platform itself. Instagram may continue to moderate accounts accessible in the region according to its own policies.
The MABB can appeal the decision before the Higher Administrative Court of Berlin-Brandenburg.
