Colombia’s Constitutional Court has ruled that Meta, the parent company of Instagram, violated the freedom of expression of adult content actress Esperanza Gómez by deleting her Instagram account without clear justification. The court found that Meta’s action lacked transparency and was inconsistent in applying its policies on nudity and sexual content, as other similar accounts remained active. Gómez, a prominent figure in Colombia’s adult entertainment industry with over five million followers, argued that the account closure hindered her professional activities and was influenced by her work outside the platform. The court emphasized that social media posts are protected under Colombia’s constitution and should only be restricted proportionately. It ordered Meta to revise Instagram’s terms of use and privacy policy to ensure users are informed about moderation decision challenges and to clarify rules on implicit sexual content. The court also highlighted that if offline activities are used for content moderation, they must be explicitly stated. While the court did not specify sanctions or redress for Gómez, this ruling follows similar legal actions in South America, such as Brazil’s Supreme Court holding social media platforms directly accountable for illegal content. Meta has not yet responded to the ruling.
Colombian court rules Meta was wrong to bar porn star’s Instagram account
