Social media… like it or hate it, it’s seemingly here to stay. For most people, although it will likely take on several different forms, social media will be in their lives forever.
For some, social media is a lifeline—it’s how they connect with friends, family, and strangers with shared ideas. For others, it’s a nuisance and a distraction (but pulls them in, anyway). And for yet others, it can cause real harm.
Being annoyed by social media or what you see there is likely not a legal basis for a claim. However, you can file a lawsuit against an Instagram account, for instance, for defamation or online harassment, or if Instagram itself negligently caused harm.
Causes of action for a lawsuit against an Instagram user
1. Defamation
“Defamation of character” is the overarching term for any statement that harms someone’s reputation, which is a personal injury. This includes libel, slander and defamation, each of which is a cause of action for a personal injury lawsuit. Libel is written defamation, slander is spoken defamation.
To prove defamation, you’ll need to show that the statements:
- Are false. A true statement is not defamatory;
- Were published (shared publicly on Instagram);
- Harmed your reputation; and
- The user knew the statements were false or acted with reckless disregard for the truth.
You must also prove actual harm to your own reputation or your business. The plaintiff must show harm to their reputation that resulted in economic damage (loss of business, earning capacity, or property). Some states allow non-economic damages (pain and suffering, emotional distress, etc.) where the injury is loss of standing in the community, personal humiliation, shame, or disgrace. In some states, the plaintiff can only recover non-economic damages if the defamation caused them to be charged with a crime or accused them of suffering from a communicable disease.
What about the First Amendment right to free speech?
The First Amendment doesn’t allow anyone just to say whatever they want.
The First Amendment of the U.S. Constitution protects you from government interference with speech. It does not apply to action by a private organization.
A social media platform is owned by a private company, and you agree to its terms and conditions when you open an account. You can be banned or muted, or have certain posts or comments deleted, by a social media company if your comments violate its terms of service. This does not violate any First Amendment rights.
In addition, defamation, libel and slander are not protected by the First Amendment. Nor is blackmail, inciting imminent lawless action, threats, fighting words, solicitations to commit a crime, perjury, obscenity, or child pornography.
The short answer… you cannot sue Instagram for a violation of your First Amendment rights.
2. Online harassment and cyberbullying
You might be able to sue an Instagram user for online harassment or cyberbullying if their actions were severe and outrageous, and if they caused you emotional distress. You could file a lawsuit for intentional infliction of emotional distress, and for violating specific anti-harassment laws.
Again, this is a lawsuit against a user, not against Instagram.
Section 230 of the Communications Act of 1996
Section 230 of the Communications Act of 1996 provides online platforms with immunity from civil liability (i.e. they cannot be sued) because of content posted by users and for removal of content. The original intent of the law was to bolster internet businesses that were still young at the time, but also to provide incentives for internet platforms to regulate harmful content.
Why can’t I sue Instagram for a post that defames me if the platform won’t remove it?
The online platform (which could be a social media site) is not the “publisher” or “speaker” of the content that a user posts. Since the platform isn’t the publisher or speaker, it does not meet the criteria for defamation. However, while Instagram (or any online platform) may remove content that violates its rules, it isn’t required to remove content. Instagram would have the authority to choose whether or not it removes any content.
Therefore, if you file a lawsuit against Instagram because of defamatory content posted by a user, the lawsuit would likely be dismissed because Section 230 grants immunity to Instagram in this instance. You could file a lawsuit against the individual who posted the content, but not against Instagram, itself.
Exceptions to Section 230
Where there’s a law, there’s an exception (usually).
- Content created by the platform, itself. While Instagram is not liable for its users’ content, it is liable for its own content.
- There is no immunity from laws related to sex trafficking.
- Intellectual property claims. Intellectual property laws cover copyrights, trademarks and patents. A user is permitted to file a lawsuit against a social media company for copyright infringement if, for example, an anonymous user copies your content and posts it elsewhere, claiming it as their own.
- Sex offenses. A victim sued a social media platform for failure to warn after being raped because a convicted sex offender was using it to find potential victims.
- Breach of contract. In one instance, a user reported a post and a social media company agreed to remove it. However, the post was not removed and the user sued the company for breach of contract.
Who can file a lawsuit against Instagram?
There have been lawsuits that claim certain Instagram features contribute to mental health problems and addiction.
- An adult who suffered harm as a minor. If you’re currently between 18 and 25 years old and you were harmed by activity on Instagram when you were 17 or minor, you might be able to file a lawsuit against Instagram.
- Parent or guardian of a minor. If your child suffered mental health problems or engaged in self-harm as a result of Instagram activity, you might have a lawsuit.
- School or local government agency. If a school district or agency experienced costs or damages from social media-related incidents, they might be able to file a claim related to youth mental health crises.
What are reasons to file a lawsuit against Instagram?
You might be able to file a lawsuit against Instagram for a couple of reasons, including social media addiction, self-harm, emotional distress, and other mental health issues.
Lawsuits for Instagram social media addiction
You’re probably familiar with the problem of people becoming addicted to alcohol, drugs, or gambling. But addiction to various types of social media is equally real and problematic.
Is your child (or are you) addicted to Instagram?
The first sign of an Instagram addiction is checking the app compulsively. There are also other signs that include:
- Anxiety
- Depression
- Compulsive and excessive use
- Body image stress
- Recording or photographing excessively
- Social anxiety and comparisons
- Suicidal ideation
This is particularly important concerning children and teens. Influencers and content creators—even those who are children, themselves—post highly curated content. The snippets of their lives that are shared online are the most positive moments that share only when the person looks good, feels good, and is doing something interesting. Even if they say, “Here’s me on my worst day!” or “Staying home today because I feel gross,” or something similar, don’t believe it. They know what they’re doing and even those “worst day” posts are carefully conceived and staged. And even though your teenager might know this intellectually, they struggle inside. Real life isn’t curated. Everyone isn’t wearing their “going out face” all the time, or purchasing designer clothes or taking expensive vacations. Children see other kids online who seem like they’re living the dream life and this creates “fomo,” or “fear of missing out.”
This happens even when the posts they see online are just regular kids from their school and not content creators. They see classmates at a party to which they were not invited, or their friends are smiling widely and holding sports trophies or receiving awards… and it makes a kid feel like they don’t match up. But even their classmates are showing only their best sides that they want the “world” to see.
This feeling of fomo or of having or being less than their friends and creators online can contribute to depressive symptoms and eating disorders.
An addiction to social media can also be so extreme that a person might become so immersed in Instagram that they begin to lose track of time and lose their grip on reality. Prolonged social media use can contribute to a variety of mental health conditions.
You might be able to file a claim against Instagram if your social media addiction interferes with your daily life.
Lawsuits against Instagram for self-harm
There are established links between social media use and self-harm, particularly among teenage girls and young women.
This could include body dysmorphia, eating disorders, and suicidal thoughts or actions.
Lawsuits against Instagram for emotional distress and other mental conditions
Some mental and emotional conditions might qualify as emotional distress associated with social media use, including:
- Continuous suicidal thoughts or actions
- The urge to self-harm or actual self-harm
- Loss of a child
- Continuing disordered eating
If you’re considering a lawsuit against a social media user for defamation, or against Instagram or another social media platform, you should contact a personal injury lawyer, contracts attorney, or intellectual property lawyer.
If you’re considering suing Instagram, consult a lawyer specializing in social media law. This is possible if you believe Instagram’s actions or features have caused you harm; your lawyer might direct you to options that include a class action lawsuit, individual personal injury lawsuit, or multidistrict litigation, depending on the nature of your claim.
What type of evidence do you need for an Instagram lawsuit?
To support your claim in a social media-related lawsuit, gather the following evidence:
- Screenshots and documentation that support your claim, like posts, comments, messages or other relevant content
- Medical records and diagnoses that demonstrate your physical or mental harm
- Financial documents, including bank statements, credit card bills and other documents that demonstrate your financial losses
- Your lawyer can assess expert testimony to support mental health claims or information about social media algorithms
If you believe you have grounds for a social media lawsuit against Instagram, TikTok, X, Facebook, or another platform, contact a lawyer today to explore your legal options.
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