Meta convinced a federal court to quash a lawsuit challenging its termination of six Instagram accounts run by self-proclaimed misogynist Andrew Tate and his brother, Tristan.
It’s much more complicated than that. Social media platforms have a TOS that binds them just as much as the user. It’s literally just a contract.
The social media company also has much more limited rights to terminate such a contract than the user. At least that’s the case in countries with any consumer protection.
That’s how YouTubers at least in Germany have successfully forced YouTube to reinstate their channel. YouTube failed to prove a violation of their TOS, therefore the contract termination was null and void, therefore the contract is still valid.
There is no contract when you have entered a restaurant. After you ordered your food, there is a contract and you cannot be kicked out for arbitrary reasons anymore. If you are kicked out for no reason, you can sue for damages (but you cannot force the restaurant to enter any new contracts with you, e.g. another meal).
Social media platforms have a TOS that binds them just as much as the user.
They can change their TOS at any time, and frequently do so, so no, they are not bound “just as much as the user.”
It’s literally just a contract.
An unconscionable one, at best, considering the vast power disparity between a large social media site and any user. Clickthrough contracts should be banned outright. There’s no way to negotiate. It’s “my way or the highway.”
Changing the TOS is explicitly allowed. You can refuse to accept the changes but then the company has the right to end their relationship with you (i.e. terminate your account).
There are also strict limits. Something like: “Your account may be terminated for any unspecified reason” is illegal, I’m pretty sure.
And the recent DSA of the EU has further limited social media company’s rights to terminate accounts. I believe they must provide a way to fight terminations and listen to your arguments. Other countries may have similar laws but I cannot speak for them.
Banning clickthrough contracts would genuinely break large parts of the internet though. No more online purchases for one, including anything from Steam to Amazon.
It’s much more complicated than that. Social media platforms have a TOS that binds them just as much as the user. It’s literally just a contract.
The social media company also has much more limited rights to terminate such a contract than the user. At least that’s the case in countries with any consumer protection.
That’s how YouTubers at least in Germany have successfully forced YouTube to reinstate their channel. YouTube failed to prove a violation of their TOS, therefore the contract termination was null and void, therefore the contract is still valid.
There is no contract when you have entered a restaurant. After you ordered your food, there is a contract and you cannot be kicked out for arbitrary reasons anymore. If you are kicked out for no reason, you can sue for damages (but you cannot force the restaurant to enter any new contracts with you, e.g. another meal).
They can change their TOS at any time, and frequently do so, so no, they are not bound “just as much as the user.”
An unconscionable one, at best, considering the vast power disparity between a large social media site and any user. Clickthrough contracts should be banned outright. There’s no way to negotiate. It’s “my way or the highway.”
Changing the TOS is explicitly allowed. You can refuse to accept the changes but then the company has the right to end their relationship with you (i.e. terminate your account).
There are also strict limits. Something like: “Your account may be terminated for any unspecified reason” is illegal, I’m pretty sure.
And the recent DSA of the EU has further limited social media company’s rights to terminate accounts. I believe they must provide a way to fight terminations and listen to your arguments. Other countries may have similar laws but I cannot speak for them.
Banning clickthrough contracts would genuinely break large parts of the internet though. No more online purchases for one, including anything from Steam to Amazon.