DR. SARAFI Rechtsanwälte achieve unblocking of Prince Marcus von Anhalt's WhatsApp account

Frankfurt am Main, December 12, 2024 — Successful unblocking of Prince Marcus von Anhalt's WhatsApp account following legal intervention by Dr. SARAFI Rechtsanwälte versus Meta.

facts

Our client, Prince Marcus von Anhalt, is a public figure known from radio and television. He has been a user of meta services such as Instagram and WhatsApp for years. With around 6 million followers on Instagram and a phone number that he has been using for WhatsApp for years, these platforms are essential for his private and business communication.

The situation was all the more serious when his access to WhatsApp was suddenly blocked without warning. Meta, the company behind WhatsApp, did not give any specific reasons for the blocking, but simply referred to alleged violations of the terms of use in general. Several independent attempts by our client to restore access and direct contact with Meta were unsuccessful. The lockdown led to significant restrictions, both in the private and business sectors.

Legal Intervention

At this point, our client contacted DR. SARAFI Rechtsanwälte. We responded immediately with a warning and set Meta a clear deadline to unblock it. At the same time, we referred to court orders against Meta that we had already won. Under threat of legal action, Meta finally relented and lifted the suspension.

Thanks to our legal intervention, Prince Marcus von Anhalt was able to regain unrestricted access to his accounts in a very short time. This case once again shows how important it is to take legal action in the event of unjustified blockages in order to effectively enforce one's own rights.

Problem: Frequent blockages of meta services

The blocking of accounts on platforms such as Instagram, WhatsApp or Facebook regularly affects public figures and companies. The suspension is often carried out without giving specific reasons, and many users fail when trying to reactivate their accounts on their own.

The most common, general and automated reasons for account suspension on Instagram and other meta services are:

• Violations of the terms of use or community guidelines, such as hate speech, glorification of violence, or copyright infringement.
• Algorithm-related errors, such as in the case of unusual user behavior (e.g. sending identical messages en masse or liking many posts in a short period of time).
• Suspicion of phishing, for example by logging in from unknown devices or from abroad.
• False reports from third parties, such as from competitors or angry users.

In many cases, the blockages are unfounded or are based on incorrect assumptions made by the algorithm.

Legal basis for account suspensions

Meta and other operators of platforms and social media services are of the opinion that they are entitled to virtual house rights. This house right should enable them to exclude users from their platforms or block their access at their own discretion. It is often argued that, as private companies, they are free to decide who is allowed to use their services and who is not.

However, this view is not fully available from a legal point of view. Due to their immense importance for public communication and social life, operators of such platforms assume a quasi-monopoly position that they are not allowed to exercise arbitrarily. Courts have already clarified several times that platform operators are also bound by legal requirements, in particular the requirement of proportionality and the principles of freedom of opinion — despite the fact that this is a contract under private law and, in principle, only the state must grant freedom of opinion.

Nevertheless, platforms such as Meta are legally required not only to justify blockages transparently and comprehensibly, but also to ensure that they are based on a legally stable basis. Even a justified suspension must not be arbitrary or disproportionate. Otherwise, it may be unlawful and result in significant legal consequences.

Our successes

In the past, we have already successfully obtained court orders and judgments against Meta, Twitch and other major platform operators after the companies ignored our warnings and continued to block our clients' accounts. These legal steps ultimately resulted in the affected accounts being unblocked and our clients getting their access back.

In the present case, too, the blocking of the WhatsApp account was unfounded and therefore unlawful. This case shows how important it is to act quickly and decisively in the event of illegal account suspensions.

Our services

DR. SARAFI lawyers offer you competent and targeted support to get your blocked accounts reactivated on platforms such as Twitch, TikTok, Instagram, WhatsApp or Facebook. Regardless of whether you are affected as a private person, artist, influencer or company — we will effectively defend your rights.

If you are confronted with an unlawful suspension, we will provide you with our expertise to protect your rights and restore your digital presence as quickly as possible.

DR. SARAFI Rechtsanwälte
Contact us for a non-binding initial consultation:
info@sarafi.de