Colombia’s Constitutional Court has ordered Meta to revise its Instagram privacy and moderation policies, ruling that the company violated the freedom of expression of adult film actress Esperanza Gomez by shutting down her account.
Porn Star’s Instagram Ban Sparks Legal Battle
Esperanza Gomez, one of Colombia’s most recognized porn stars with over 5 million Instagram followers, said her account was removed without a clear explanation. She argued that her posts, which included photographs in lingerie, were directly related to her professional work. According to Gomez, losing her account significantly impacted her ability to earn a livelihood and connect with fans.
Meta defended its decision, saying Gomez violated Instagram’s rules on nudity. However, the court found that the company acted in an “arbitrary” manner and “illegitimately restricted her freedom of expression.”
Court: Policies Applied Inconsistently
In its ruling, the Constitutional Court acknowledged that social media companies have the right to moderate content. But it said that such moderation must be consistent, transparent, and justified. The judges noted that Instagram continued to allow other accounts with similar content to remain active, raising concerns about discriminatory or inconsistent enforcement of policies.
The court directed Meta to “review and adjust Instagram’s terms of use and privacy policy so that users are clearly aware of the mechanisms for challenging moderation decisions.” However, the ruling did not include sanctions in case Meta fails to comply.
Wider Implications in Latin America
This is not the first time South American courts have challenged social media companies over content moderation. In June, Brazil’s Supreme Court held platforms directly liable for illegal content, including hate speech, and required them to act immediately to remove it. That case led to a temporary suspension of X (formerly Twitter) in Brazil, with the company later paying a $5.1 million fine to comply.
The Colombian decision is expected to add pressure on Meta and other global platforms to bring greater transparency to their moderation policies, particularly in how they affect freedom of expression and the livelihoods of creators.
Meta has not yet issued a response to the ruling.
