With the growth of social media, especially Instagram, cases of hacked accounts have become increasingly frequent. As a result, this situation, in addition to causing financial losses, compromises the privacy, reputation, and even the work of many users, potentially leading to claims for compensation.
Understand how platform liability works and what legal avenues exist for seeking compensation.
What does it mean to have Instagram? hacked?
Having your Instagram account hacked means losing control over your account on the platform, usually due to the actions of malicious third parties who gain unauthorized access.
Therefore, it can result in the account being used to commit fraud, spread inappropriate content, and even extort followers. In addition to financial losses, this situation can damage the user's reputation and emotional well-being.
Instagram's responsibility in account cases hacked
In Brazil, the responsibility of digital platforms, such as Instagram, in cases of accounts hacked, has been the subject of several legal debates.
In this way, the courts have understood that there is a failure in the provision of service when the platform does not adopt effective measures to protect users' accounts or does not respond adequately to support requests. Consequently, this failure may generate the obligation to compensate users for the damages suffered.
Steps to seek compensation for [reason/account] hacked
If your Instagram account has been hacked , it's important to follow these steps:
- Evidences: First of all, document all recovery attempts, including emails, screenshots of conversations and any communication with the company's support;
- Seeking legal assistance: Seek legal counsel specializing in digital law to assess the feasibility of legal action.
- Act fast: Time is an important factor, as delays can worsen the damage and make account recovery more difficult;
Current understanding of the Brazilian judiciary
The Brazilian judiciary has consolidated the understanding that Instagram can be held objectively liable for hacked accounts , especially when there is a delay in response, omission, or failure to adopt adequate security measures.
This accountability is based on the Consumer Protection Code and the General Data Protection Law, which impose duties of protection and prevention on digital platforms.
In this sense, the most recent decisions indicate that, even without proof of fault, the platform may be ordered to compensate the user, based on the theory of risk of the activity.
Ultimately, this is a service that, by its very nature, must guarantee a minimum level of security for the consumer. When this trust is broken, the duty to compensate for moral and material damages arises, as well as the need for judicial action to restore rights and minimize losses.
What rights are violated in these cases?
The hacking of Instagram accounts represents a serious violation of several fundamental user rights. Beyond the emotional and financial impact, these incidents compromise digital integrity and trust in the platforms. Therefore, the following stand out:
- Violation of privacy and personal data
Hacking into an Instagram account directly compromises the user's privacy by exposing personal information, private conversations, and, in some cases, sensitive data. This constitutes a violation of fundamental rights guaranteed by the Federal Constitution, according to its article 5, item X, which protects the intimacy, private life, honor, and image of individuals.
The General Data Protection Law imposes on data controllers – such as Instagram – the duty to adopt measures capable of protecting personal data against unauthorized access and accidental or unlawful situations.
Therefore, failure to fulfill this duty constitutes a legal infraction and may give rise to civil liability for the company, reinforcing the right to compensation for the owner of the affected data.
- Moral and material damages
The misuse of hacked profiles to defraud third parties can result in significant moral damages for the account holder. Brazilian jurisprudence recognizes the right to compensation in these cases, considering the damage to the user's image and honor. Furthermore, financial losses resulting from fraud committed through the hacked account may also be subject to compensation.
- Consumer relations and platform liability
The relationship between users and platforms like Instagram is characterized as a consumer relationship, as stipulated by the Brazilian Consumer Protection Code (CDC). Therefore, this implies a duty to provide safe and effective services.
The role of Instagram and the duty of security.
Instagram, as a digital platform, maintains a consumer relationship with its users, being responsible for the security and functionality of the services provided. Furthermore, this responsibility is stipulated in Article 14 of the Brazilian Consumer Protection Code (CDC), which establishes the obligation to repair damages caused by failures in the provision of the service, regardless of fault.
When an account is hacked, there is a breach of this expectation of security. In this sense, case law has recognized the platform's responsibility in these cases, especially when it does not adopt effective measures to prevent unauthorized access or hinders profile recovery. It is, therefore, an inherent risk of the company's activity, which it must be prepared to avoid.
For this reason, it is essential that Instagram implements robust protection systems and accessible support channels, ensuring a safe experience for its users and avoiding failures that could lead to liability for damages.
So, what should you ask for in a lawsuit seeking compensation?
When filing a lawsuit regarding a hacked Instagram account, it is essential that the lawyer formulate clear and well-founded requests. The first step is to request immediate account recovery or, if that is not possible, the deletion of the profile to avoid damage to the client's image.
Furthermore, it is common to claim compensation for moral damages, especially when there is misuse of the account to defraud third parties, causing harm to the account holder's reputation. In cases where the account is used for professional purposes, such as by influencers or companies, compensation for lost profits can also be claimed, demonstrating the financial loss caused by the loss of access.
Therefore, it is advisable to include a request for urgent relief so that the platform takes immediate action, under penalty of a daily fine, ensuring the effectiveness of the court decision and minimizing harm to the user.
Tips for lawyers working on these cases
For lawyers handling cases of hacked Instagram accounts, adopting a strategic and agile approach is crucial. Initially, they should advise their clients to gather all possible evidence, such as screenshots, emails, and records of attempts to contact the platform.
Furthermore, staying up-to-date on recent court decisions and digital security practices will allow you to offer a more effective service and increase the chances of success in legal claims related to hacked accounts.
The closing thought
The digital world is changing the way law is practiced. If you want to prepare for the new challenges of the profession and work confidently in areas such as social media, data protection, and technology, learn about the IDP's Postgraduate Program in Digital Law . The course offers comprehensive training with experienced professors and up-to-date content. Invest in your career and be ready for the future of law.
References
BRAZIL . Consumer Protection Code . Law No. 8.078, of September 11, 1990. Available at: https://www.planalto.gov.br/ccivil_03/leis/l8078compilado.htm.
CONJURInstagram must return the account to its owner. hacked by scammersSão Paulo, January 15, 2025. Available at: https://www.conjur.com.br/2025-jan-15/instagram-deve-devolver-conta-hackeada-sob-pena-de-multa-diaria/.
CONJUR. Judge says Instagram account hacking creates a duty for the platform to compensate. Consultor Jurídico, São Paulo, July 5, 2024. Available at: https://www.conjur.com.br/2024-jul-05/invasao-a-conta-do-instagram-gera-dever-de-indenizar-da-plataforma-diz-juiza/.
CRUMBS. LGPD: Facebook will have to compensate user whose Instagram account was hacked.São Paulo, April 6, 2024. Available at: https://www.migalhas.com.br/quentes/404659/lgpd-facebook-tera-de-indenizar-usuario-que-teve-instagram-invadido.
CRUMBS. TJ/SP: Facebook will compensate user who was a victim of Instagram hackers.São Paulo, March 3, 2025. Available at: https://www.migalhas.com.br/quentes/425245/tj-sp-facebook-indenizara-usuaria-vitima-de-hackers-no-instagram.
COURT OF JUSTICE OF THE STATE OF SÃO PAULO. Victim of hacker attack will be compensated by social network. São Paulo, June 10, 2024. Available at: https://www.tjsp.jus.br/Noticias/Noticia?codigoNoticia=99516.
