Denigration and retention of access codes to social media

A digital agency, unpaid by its client — a cosmetics seller — posted on the client's own Facebook page that the account was blocked for non-payment, then suspended the accounts and kept the access codes. Both the Strasbourg court and the Colmar Court of Appeal (26 May 2021, No. 19/02784) ruled against the agency, awarding damages and ordering restitution of the credentials. Two holdings stand out. First, publicly airing a payment dispute on the client's social media constitutes actionable denigration, regardless of the statement's accuracy or of any competitive relationship — in line with the Cour de cassation's ruling of 4 November 2020 (No. 18-23.757). Second, while Article 2286 of the Civil Code can in theory support a creditor's retention right over intangibles such as access codes, exercising it while simultaneously disparaging the debtor amounts to an abuse of right. A cautionary tale on who really controls a brand's social accounts.