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Colombia’s Constitutional Court ordered Meta to revise Instagram policies after arbitrarily shutting down Esperanza Gomez’s account.
Meta maintained that Esperanza Gomez had breached its nudity rules.
Colombia’s Constitutional Court ordered Meta to amend its privacy and content moderation policies, ruling that the company violated the freedom of expression of porn actress Esperanza Gomez by arbitrarily shutting down her Instagram account.
Esperanza Gomez, one of Colombia’s most prominent adult entertainers with more than 5 million followers, said she routinely posted images of herself in lingerie as part of her work. She argued that Instagram’s decision to suspend her account without clear explanation damaged her livelihood.
Meta maintained that Esperanza Gomez had breached its nudity rules but the court disagreed, finding that the company applied its standards “inconsistently,” pointing out that other accounts posting similar material remained active.
‘Illegitimate Restriction’ Of Expression, Court Says
In its ruling, the court said Meta “illegitimately restricted” Esperanza Gomez’s right to free expression by closing her account and did so in an “arbitrary” manner. It ordered Meta to review and adjust Instagram’s terms of use and privacy policy so users are better informed of the mechanisms available to challenge moderation decisions.
The court stopped short of imposing sanctions but its judgment carries significant weight, echoing wider concerns in Latin America over how social media platforms handle content moderation.
This is not the first time South American courts have intervened in the policies of major social media companies. In June, Brazil’s Supreme Court ruled that platforms are directly liable for illegal content, including hate speech, and must act immediately to remove it.
September 13, 2025, 21:24 IST
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