Is it illegal to spam on Instagram?

Yester

Yester

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Just wondering for a legal point of view. It's illegal to create accounts, send messages and promote certain affiliate offers or services (as long as those services don't break the law)?

Thanks.
 
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It all depends on where you are from. In the EU it is considered illegal to scrape people's phone numbers and details, in Turkey it isn't. The platform "prohibits" these acts, but you won't get fined. There is too much grey area here. If it were 100% illegal then AI should be unlawful as well since it's learned on a bulk scraping of data.
 
ikZ1337 said:
It all depends on where you are from. In the EU it is considered illegal to scrape people's phone numbers and details, in Turkey it isn't. The platform "prohibits" these acts, but you won't get fined. There is too much grey area here. If it were 100% illegal then AI should be unlawful as well since it's learned on a bulk scraping of data.
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Interesting take, thank you.
Regarding the EU data scarping law, it applies to scarping plain and simple instagram profiles as well?
 
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That's the point. There is no white and black here. If you manually write down and open 100 Instagram profiles. Put them into excel - according to law that's not scraping. But having 100+ data points and personal information without user consent is.
 
ikZ1337 said:
It all depends on where you are from. In the EU it is considered illegal to scrape people's phone numbers and details, in Turkey it isn't. The platform "prohibits" these acts, but you won't get fined. There is too much grey area here. If it were 100% illegal then AI should be unlawful as well since it's learned on a bulk scraping of data.
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Any reference for this?
 
M0805 said:
If you don't warm up your accounts, Instagram gonna deleted them immediately
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That's not what I asked. I'm wondering what's the legal point of view of mass-dm'ing.
 
In almost every country the answer may be different. You need to ask about specific country.
 
It's a gray area.

For example, if Instagram decides you've misused their infrastructure, they could sue for damages.

Using some common sense can save you a lot of trouble. If your bots act like humans, they very likely won't cause trouble. Some bots spend way too much bandwidth, cause way too much noise, then it may begin to trigger some alerts.
 
Yester said:
Just wondering for a legal point of view. It's illegal to create accounts, send messages and promote certain affiliate offers or services (as long as those services don't break the law)?

Thanks.
Click to expand...
From a point of marketer, it's not that easy that you think. You need to know how to create strong accounts, warm them up and don't even think about it to use direct links for offers since your accounts will be banned instantly and if they are link your accounts together, your whole network will be banned. It can be done, but it's not that easy.

1. From a moral point of view, well if you download IG app you see that there are a couple of front permissions that you have control to turn ON/OFF: Camera, Storage, Location, WIFI, Microphone and some minor other ones, and that's about it what you can control what they have access about your phone. Or, not? Like on this list: https://help.instagram.com/155833707900388 there is stated clearly that they can read: Device attributes, device operations, identifiers etc things that YOU are supposed to know about but you don't have the control over it. So, they can read everything about what you have on your phone, and you can't stop that, right? Is that moral?

2. SPAM = unsolicited message, right? This is the definition of the 'SPAM' term according to CAN Act. So, if you send a mail, sms, message to someone that didn't agree previously to receive that message is considered spam, nothing unclear till now. BUT.... If I get our right now and walk 5 mins with my eyes open and just look around, every 5 seconds I am exposed to an ad: billboards, flyers, windows adds, auditive sh*t and so on. Well, is that spam or not? Have I consent before getting out of my house to see those ads?!? NO!

Illegality: this is something you need to deal with. If your country decide that's illegal, then you can't do anything about it, it's illegal and that's it! But, trust me when I say that most of the countries don't give a flying f*ck if you send offers through social media, that's my 2 cents.
 
MR.Spuf said:
From a point of marketer, it's not that easy that you think. You need to know how to create strong accounts, warm them up and don't even think about it to use direct links for offers since your accounts will be banned instantly and if they are link your accounts together, your whole network will be banned. It can be done, but it's not that easy.

1. From a moral point of view, well if you download IG app you see that there are a couple of front permissions that you have control to turn ON/OFF: Camera, Storage, Location, WIFI, Microphone and some minor other ones, and that's about it what you can control what they have access about your phone. Or, not? Like on this list: https://help.instagram.com/155833707900388 there is stated clearly that they can read: Device attributes, device operations, identifiers etc things that YOU are supposed to know about but you don't have the control over it. So, they can read everything about what you have on your phone, and you can't stop that, right? Is that moral?

2. SPAM = unsolicited message, right? This is the definition of the 'SPAM' term according to CAN Act. So, if you send a mail, sms, message to someone that didn't agree previously to receive that message is considered spam, nothing unclear till now. BUT.... If I get our right now and walk 5 mins with my eyes open and just look around, every 5 seconds I am exposed to an ad: billboards, flyers, windows adds, auditive sh*t and so on. Well, is that spam or not? Have I consent before getting out of my house to see those ads?!? NO!

Illegality: this is something you need to deal with. If your country decide that's illegal, then you can't do anything about it, it's illegal and that's it! But, trust me when I say that most of the countries don't give a flying f*ck if you send offers through social media, that's my 2 cents.
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I really appreciate your explanation and the way you explained it in details. Thanks.
 
It's not illegal - your accounts will just be banned
 
Spam is not illegal, it is simply spam, if you abuse the bot through multiple accounts your account will be banned
 
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