Colombian Court Orders Meta to Revise Policies After Backing Adult Content Creator in Instagram Account Closure
BOGOTÁ, Colombia – Colombia’s Constitutional Court delivered a significant ruling Friday, ordering Meta – the parent company of Instagram, Facebook, and WhatsApp – to overhaul its privacy policies following a case brought by adult content actress Esperanza Gomez. The court found Meta’s closure of Gomez’s Instagram account to be a violation of her freedom of expression.
Gomez, a prominent figure in Colombia’s adult entertainment industry wiht over 5 million Instagram followers, argued that the account closure severely impacted her livelihood. She maintains that the photographs she posted, depicting her in underwear, were part of her professional work. Meta justified the decision by citing violations of its policies regarding nudity.
However, the Constitutional Court disagreed, deeming Meta’s actions “arbitrary” and an “illegitimate restriction” on Gomez’s right to express herself. Crucially, the court highlighted inconsistencies in Meta’s enforcement of its nudity and sexual services policies, pointing out that other accounts featuring comparable content remained active on the platform.
“The court ruled that Meta applied its policies on nudity and sexual services inconsistently,” a statement released by the court confirmed.
The ruling goes beyond simply reinstating Gomez’s account. The court mandated that Meta “review and adjust Instagram’s terms of use and privacy policy, so that users are clearly aware of the mechanisms for challenging moderation decisions.” This aims to provide greater transparency and recourse for users facing content moderation actions.
Currently, the ruling dose not outline specific penalties for Meta’s non-compliance. As of saturday morning, meta has not issued a public response to the court’s decision.
This case marks the latest instance of South American legal bodies challenging the policies of major social media platforms. In June, Brazil’s supreme Court established that social media companies are directly liable for illegal content, including hate speech, and are obligated to swiftly remove such material.
The Colombian ruling underscores a growing trend of scrutiny regarding content moderation practices on social media and the balance between platform regulation and freedom of expression.
