Social Media Law Update: No Blanket Bans Based on "Suspected Circumvention"

In the current issue of the journal GRUR-Prax (Issue 2/2026), our partner Micaela Schork examines a significant decision by the Higher Regional Court (OLG) of Bamberg (Case No. 4 U 62/25 e). GRUR-Prax provides a twice-monthly, practice-oriented overview of key rulings and developments in intellectual property, copyright, and media law.

The Case

A social media platform did not merely block the specific channel of an influencer that was subject to a complaint; instead, it immediately blocked all of the influencer's other channels, citing "circumvention" (Umgehung). While the Regional Court of Schweinfurt initially ruled in favor of the platform, the OLG Bamberg took a different view on appeal. The court held that the platform's termination and suspension notices could not be interpreted as a termination of the entire user relationship, given the lack of a corresponding contractual basis.

Key Takeaways for Legal Practice:

• No Blanket Bans: The mere continued use of existing secondary channels does not constitute impermissible circumvention, provided that the specifically contested violations are not continued on those channels.
• T&C Restrictions: Platforms must clearly outline their rules in their Terms and Conditions (T&Cs). Without a specific provision in the terms of use, a total suspension is deemed disproportionate.
• Protection of Livelihood: Since influencers often finance their livelihoods and employ staff through these channels, suspensions can cause irreparable damage. Consequently, the court affirmed the right to immediate reactivation via preliminary injunction (Eilverfahren).

Conclusion

This decision is a vital building block in the ongoing evolution of platform law. It continues the judicial trend of strengthening user rights against platforms and aligning contractual interpretation with the interests of the average user.

The full case review can be found in GRUR-Prax 2/2026 on page 56.

The TIGGES IP Team is available to assist you with any questions.