In the age of social media and influencer marketing, buying fake Instagram followers has become a common practice for some users looking to increase their following and make their accounts appear more popular. However, this practice raises legal concerns – is buying fake followers actually against the law?
What are fake Instagram followers?
Fake Instagram followers refer to accounts that are bot-generated or inactive accounts used to inflate another user’s follower count. They are not real people genuinely interested in the account’s content. These fake followers are often bought from third-party websites and services that promise to deliver large numbers of followers quickly and cheaply.
Why do people buy fake followers?
There are a few key reasons why someone may buy fake Instagram followers:
- To inflate their follower count and make their account look more popular or influential.
- To simulate growth and momentum for a new account trying to get off the ground.
- In hopes of increasing discoverability and reach for their content.
- To potentially attract more real and authentic followers organically.
- To make money from influencer marketing opportunities that often depend on follower count.
Is buying fake Instagram followers illegal?
There is no federal law in the United States that explicitly makes buying fake Instagram followers illegal. However, the practice does potentially violate civil and criminal laws related to fraud and unfair business practices.
Federal Trade Commission (FTC) guidelines
The FTC provides guidance and enforcement around deceptive marketing practices like fake reviews or followers. Their Endorsement Guides state that endorsers and influencers must disclose any material connections with brands that may affect the credibility of their endorsement. This suggests buying fake followers could be interpreted as a deceptive practice.
State laws
Some states have laws prohibiting false advertising and unfair competition that may apply to buying fake followers. For example, California’s False Advertising Law and Unfair Competition Law prohibit any “unfair, deceptive, untrue or misleading advertising.” Padding follower counts with fakes could fall under these laws if used in advertising or promoted posts.
Wire fraud
Federal wire fraud statutes prohibit schemes to intentionally mislead or deceive people online. Since fake followers are used to manipulate other social media users, wire fraud charges may apply in some cases.
Criminal impersonation
If the fake accounts use photos of real people without consent, this may constitute criminal impersonation in some states. The fake accounts are pretending to be someone else.
What are the risks of buying fake Instagram followers?
Beyond potential legal issues, there are other downsides to buying fake Instagram followers:
- Getting caught and banned – Instagram regularly works to detect and remove fake accounts. Those benefiting may get banned too.
- Harm to reputation – Follower counts are public. If fakes are exposed, it damages credibility.
- Waste of money – The followers are not real potential customers and provide no true value.
- No engagement – Fake followers do not like, comment on, or share posts.
- Lower reach – Too many fake followers may cause Instagram to limit account reach to root out manipulation.
- Legal action – Brands or competitors could potentially sue for unfair business practices in some cases.
Does Instagram prohibit buying fake followers?
Yes, Instagram’s Terms of Use explicitly prohibit buying fake accounts and inauthentic activity. Section 1.3 states:
You must not request, collect, or buy any usernames or phone numbers, or create any User Accounts, for the purpose of sending commercial or unsolicited communications.
And Section 3.10 further clarifies:
You must not offer, promote, or encourage the use of any third party app, service, or product that claims to help you increase the number of your Instagram Followers, Likes or profile views in exchange for payment or for free.
These terms give Instagram the right to delete accounts or remove followers caught violating these rules around fake activity. There are also restrictions on promoting services that artificially boost follower counts.
Has Instagram taken legal action over fake followers?
In 2019, Instagram parent company Facebook filed a lawsuit against two companies that were selling fake followers and other inauthentic engagement services violating Instagram’s terms. The lawsuit alleged illegal and fraudulent practices under the Lanham Act and Anti-Cybersquatting Consumer Protection Act.
While the suit targeted the seller companies directly, it demonstrates Instagram’s legal standing and willingness to take action around fake follower activity on its platform when terms are violated.
Have people gotten in legal trouble for fake Instagram followers?
There are not many public cases of individuals getting into legal trouble solely for buying fake Instagram followers. However, the Federal Trade Commission has cracked down on influencers for not properly disclosing paid or sponsored content and misleading followers.
In 2017, the FTC settled complaints against both rapper DJ Khaled and model Naomi Campbell for failing to disclose paid promotions for products on Instagram. These actions suggest failing to disclose fake followers could also be scrutiny for misleading business practices.
Is it illegal to sell fake Instagram followers?
Selling fake Instagram followers is illegal, according to the platform’s terms as well as unfair competition laws. Instagram specifically prohibits “services that offer to automatically add Followers, Likes, or comments to a User’s account” in their Terms of Use.
The FTC and state consumer protection laws also make it illegal to sell fake social media engagement. Knowingly inflating metrics and selling fake followers qualifies as a deceptive practice.
Instagram’s parent company Facebook demonstrated its willingness to take legal action against fake follower sellers by suing DEVUMI and Octar in 2019 for fraud and breach of Instagram’s terms.
What are signs that an account bought fake followers?
Here are some red flags that indicate an account may have bought fake Instagram followers:
- Sudden spikes or drops in follower count
- Engagement rates don’t match number of followers
- Lots of followers but little engagement or comments on posts
- Followers have no profile picture or posts
- Followers are unrelated bots or inactive accounts
- High percentage of followers are overseas
- Followers don’t match target audience or niche
How can you spot fake Instagram followers?
It takes a trained eye to spot fake Instagram followers, but here are a few ways to identify them:
- Look at followers’ profiles – No posts/pictures, unrelated content, or default names may indicate bots
- Check engagement metrics – Low or inconsistent likes and comments could mean fakes
- Analyze follower growth – Steady consistent growth is normal vs. sudden spikes
- Use analytics tools – Sites like HypeAuditor reveal fake followers
- Look for unrelated followers – Legit accounts usually have followers with common interests
Can you get rid of fake Instagram followers?
Yes, it is possible to remove fake followers from your Instagram account. Here are some methods to try:
- Turn on follower approval – This will stop new bots from following you
- Manually block fake accounts – Go through your followers list and block suspicious accounts
- Use analytics tools – Services identify fake followers to block in bulk
- Make your account private – Only approve real followers, bots will be denied
- Report fake accounts – Use Instagram’s reporting process to deactivate them
While you can take action to remove fakes, Instagram is proactive about detecting and deleting fake accounts so they may disappear on their own.
Can you get in trouble for fake Instagram followers?
There is some legal risk to buying fake Instagram followers, primarily related to fraud and unfair marketing practices. Technically, it violates Instagram’s Terms of Use. If caught, Instagram may delete fake followers or suspend accounts benefiting from them.
The FTC also monitors endorsements and influencer marketing for deception. Failure to disclose bought followers alongside sponsored content could lead to civil penalties.
However, authorities tend to target companies selling fake followers, as well as brands and public figures using them intentionally for deception. Regular users with a small number of followers likely won’t raise legal red flags.
Is buying Instagram followers unethical?
Though not conclusively illegal in all cases, most experts consider buying fake Instagram followers to be unethical. Reasons it raises ethical concerns include:
- Deceptive to followers who expect real users
- Manipulates others’ perceptions and metrics
- Potentially inflated reach affects marketing value
- Harms trust between creators, influencers, and brands
- Contours success standards based on vanity metrics
For individuals looking to grow their brand and account reach, buying followers undermines credibility. Authenticity and transparency tend to be better business practices.
Conclusion
While some specific laws may apply in certain contexts, buying fake Instagram followers is not explicitly illegal in most cases for regular users. However, it does directly violate Instagram’s terms and raises issues of fraud, unfair competition, and deceptive practices.
Legally, the bigger risks come from using fake followers for sponsored posts or advertising without proper disclosure. But in general, authorities tend to target fake follower sellers, brands, and public figures rather than regular account holders.
Beyond potential legal issues, buying fake followers has significant downsides for a user’s account and credibility. Authentic engagement and growth tend to serve accounts much better in the long run.
