Colombia’s Constitutional Court has ordered Meta to revise its privacy policies after ruling that the tech giant unlawfully restricted the freedom of expression of Esperanza Gomez, a well-known p0rn actress, by shutting down her Instagram account.
Gomez, who has more than 5 million followers, said she regularly posted photos of herself in underwear as part of her work. She argued that losing her account directly impacted her livelihood and criticized Meta for failing to provide a clear explanation for the suspension.
Meta defended its decision by claiming Gomez had violated Instagram’s rules on nud!ty. However, the court determined the company acted “arbitrarily” and noted its enforcement was inconsistent, as other accounts with similar content remained active.
The judges ruled that Meta “illegitimately restricted her freedom of expression” and ordered the company to “review and adjust Instagram’s terms of use and privacy policy” so that users better understand how to challenge moderation decisions.
While the ruling did not outline penalties for non-compliance, it sets a precedent for stronger scrutiny of social media platforms in the region. Meta, which also owns Facebook and WhatsApp, has not yet responded to the court’s decision.
The case echoes wider debates in South America over the accountability of social networks. In June, Brazil’s Supreme Court held platforms directly liable for illegal content, including hate speech, and required immediate removal of such material.
