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Berlin Court Blocks Blanket Ban on Erotic Performer’s Instagram Account

The non-final ruling requires the media authority to target specific posts deemed harmful to minors.

Overview

  • The Administrative Court of Berlin ruled that the Medienanstalt Berlin-Brandenburg may only object to individually identified posts with a developmentally harmful effect on youth.
  • Judges acknowledged that large parts of the content are unsuitable for under-16s but found a full removal of the roughly 1,000-post account disproportionate.
  • The regulator had ordered the entire offering taken down in November 2022, citing highly sexualized presentation and a one-sided image of sexuality and gender roles.
  • The plaintiff, an erotic performer with more than 100,000 Instagram followers, largely prevailed in her lawsuit against the order.
  • The decision was issued on February 23 and is not yet final, with the regulator able to seek leave to appeal to the Berlin-Brandenburg Higher Administrative Court.