Instagram takes significantly more responsibility in case of an incident

In the previous version of its Terms of Services, the social network stated that it provided its service as it is, unable to guarantee its ideal and safe operation at all times. Instagram disclaimed (in all caps) any express or implied warranties, including merchantability, fitness for a particular purpose, title and non-infringement, and stated that it did not control the words and publications of third parties, nor those of the user, and that its liability was limited to the extent permitted by law in the event of an incident.

Now, the text states that the platform will use reasonable care and attention in providing its Service and in maintaining a safe, secure and error-free environment. While the paragraph includes some caveats - disclaimer in the event of an event beyond reasonable control for example - it also states that those are not intended to exclude or limit Instagram’s liability for death, personal injury or misrepresentation due to their negligence. This development can be read in the light of the leak of documents orchestrated by whistleblower Frances Haugen last September, which showed, among other things, that the company was cultivating a form of disempowerment with regard to the negative effects of its own services.