An Instagram 'follow' notification could violate a restraining order

Restraining orders will now include Instagram.

(Image credit: Justin Sullivan/Getty Images)

published 10 May 2016

The act of following someone on Instagram could be a violation of a restraining order, a first-of-its-kind New York case might soon prove.

According to a criminal complaint, clothing designer Nicholas Lemons allegedly attacked his ex-girlfriend last year, after which she obtained an order of protection against him. Curiosity killed the cat, though, and four months later Lemons followed her on Instagram. This is where it gets tricky:

Lemons, 34, was charged with criminal contempt in September 2015 for violating the order of protection that forbade him contacting his ex-girlfriend through any means, including electronically. The former model — who posed on the cover of Out magazine in 2006 wearing green briefs and a necklace — argued he didn't violate the restraining order because his follow request merely "triggered a notification by Instagram" and there was no direct contact. But Manhattan criminal court judge Steven Statsinger shot down that argument, ruling against Lemons and marking a new wrinkle in the intersection of the internet and the law."The situation described here is exactly the same as if the defendant, using his iPhone, had asked Siri to place a call to the complainant, instead of dialing her number himself," Statsinger wrote in his May 2 decision. [Newsweek]

Although Facebook users have been charged with violating orders by liking and tagging posts, the charge against Lemons' follow on Instagram is reportedly a first. With the case still pending, Lemons maintains that the notification was not direct contact or a violation of the order. Read more about the case at Newsweek.

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Jeva Lange was the executive editor at TheWeek.com. She formerly served as The Week's deputy editor and culture critic. She is also a contributor to Screen Slate, and her writing has appeared in The New York Daily News, The Awl, Vice, and Gothamist, among other publications. Jeva lives in New York City. Follow her on Twitter.