Meta Sheds Influencer Andrew Tate's Lawsuit Over Instagram Ban

6 months ago by xc2215x to c/technology

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.
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Crystalbound 53 points 6 months ago

Why would Tate, or anybody else, be owed access to their platform. Imagine if people sued every time a service banned you, a restaurant kicked you out, etc...

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db2 40 points 6 months ago

This is just what these far right overgrown toddlers do. They literally are not capable of understanding anything that isn't about them.

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fonix232 15 points 6 months ago

I'd argue that there are cases when people's access to a service should be legally upheld.

Say, you bought an iPhone, Apple Watch, the whole Apple entourage. Then your account gets flagged and blocked for something stupid - and bam, the hardware you just spent a few thousand dollars on is unusable, any apps/services you bought via the Apple account are inaccessible, you lost your notes, contacts, emails, cloud storage, and so on.

With Google or Samsung it's slightly less problematic as you don't HAVE to use their service accounts to use your hardware. But it is an outstanding issue where these companies have become de facto monopolies in certain market segments and can't be avoided to deal with - and it's up to their whims if you get to use certain services.

There's been actually a number of instances where this kind of issue landed near me. I'm an android engineer and had TWO previous employers who's got their Play Store accounts suspended because a developer that worked in relation with those accounts 5-7-10 years ago, ended up having their account hacked then promptly suspended once it was used for fraud - and the employer's account was "an associated account" thus it got the suspension too.

There's very little oversight over the operation of these companies, again, they do as they wish, if a slightly higher-up manager has a personal beef with you, you can find yourself banned from their services, causing financial and professional damage and so on. So no, I disagree, at times, companies do need to be legally forced to provide their services.

Mind you, the Taint case is not such a time.

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phutatorius 13 points 5 months ago

Tate's just another example of what the rightwing mean by "free speech"-- they mean forced platforming for them, and suppression of anyone disagreeing.

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General_Effort 7 points 6 months ago

In the EU, the DSA gives people pretty extensive rights to challenge such bans (and other moderation decisions), but only if the platform is sufficiently large.

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FiskFisk33 4 points 6 months ago

but only if the platform is sufficiently large

hm, that sounds sensible actually

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yetAnotherUser -1 points 6 months ago

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).

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phutatorius 3 points 5 months ago

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."

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iopq -36 points 6 months ago

I mean, when a gay couple sued about not getting their wedding cake you guys had the exact opposite response.

I'm of the opinion nobody can force you to provide service like a slave

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Crystalbound 26 points 6 months ago

Who the fuck are "you guys"? You have no clue what I stand for.

And be careful throwing around monoliths, cause the right and pedophiles/white supremecists/grifters/etc. are one in the same if thats the lens were looking at things through

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kkj 16 points 6 months ago

Sex traffickers are not a protected class.

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chilldrivenspade 5 points 6 months ago
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Zorque 1 point 6 months ago

But whattabout...

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