Inma Lidón Valencia

Valencia

Updated Friday, March 22, 2024-16:37

  • Controversy A Valencian company puts Facebook on the bench for closing its profile

The social network Facebook can close your profile without prior notice if it detects that it has been created with false data. This has been ruled by the Supreme Court, which rejects that there is an absolute right to have an account if the conditions of use are not met.

The High Court ruled this way on the appeal filed with an horchatera company from Alboraia (Valencia), Mon Orxata, to which Facebook disabled its profile without prior notice. For the Civil Chamber, he did so in a "justified and legitimate" manner.

The magistrates consider it proven that this company opened an account in 2010 and created two pages on Facebook with the profile name Mon Orxata, indicating the date of birth as May 6, 1978, the age of 39 years, male gender and address in Valencia, data that did not correspond to that of the company that, in addition, made commercial use of those pages. In 2016, after a complaint, Facebook disabled the profile, included it on a checklist of fake accounts, and posted a "permanently closed" message.

Mon Orxata sued Facebook Ireland (now Meta Platforms Ireland Limited) and Facebook Spain, SL for

illegitimate interference in his honor

, understanding that this message had damaged his fame and reputation because it could be interpreted as the closure of the business, not the page. But neither the Court of First Instance of Moncada where he filed the complaint nor the Provincial Court of Valencia ruled in his favor, understanding that the data with which they opened the profile was not real.

The Supreme Court judges understand that

there was no damage

and insist that the company "blurs the focus on the issue. And, furthermore, it ignores the doctrine that declares that the violation of the right to honor of legal entities cannot simply be identified with the business reputation, commercial, or, in general, the mere prestige with which the activity is carried out," they reason.

With Judge Antonio García as speaker, the ruling indicates that "there is no evidence that the users who visited his profile interpreted that the business was closed, nor that he received numerous calls from clients and suppliers concerned about the solvency of the business and whether had closed."

"Nor has it been demonstrated "that a banking operation was even jeopardized," they add, emphasizing that the assessment of the company that owns Facebook "at this point is correct."

Furthermore, the Civil Court states that it has not been proven that the horchatera company suffered damage to its digital identity or reputation as a result, since it

continued to have its own website and two additional pages on Facebook

from 2010 and 2016. " Hence, the appellant's argument that the closure of her profile caused her invisibility and the loss of 'the history' or 'the memory' of the company, as well as its relationship with clients and those interested in its products, cannot be accepted. And for this reason, the production of damage to its reputation and prestige is also rejected," he concludes.

For the Supreme Court, the appellant violated the conditions of use both when registering on Facebook, which require transparency and truthfulness in

user

data

, as well as the obligation to open a 'page' if you wish to use the profile or biography for commercial.