Colombia’s Constitutional Court has ruled that Meta Platforms unlawfully restricted the freedom of expression of Esperanza Gómez, a well-known adult film actress, by deactivating her Instagram account. The court has ordered the tech company to revise its privacy policies and clarify its content moderation processes.
Gómez, who has over five million Instagram followers, stated that she regularly shared images of herself in lingerie as part of her professional brand. She argued that losing access to her account had a direct financial impact and criticized Meta for failing to provide a clear explanation for the suspension.
Meta claimed that Gómez had violated Instagram’s policies on nudity. However, the court found the enforcement to be “arbitrary” and inconsistent, noting that similar content from other users remained online.
The judges concluded that Meta had “illegitimately restricted her freedom of expression” and ordered the company to “review and adjust Instagram’s terms of use and privacy policy” to make moderation rules and appeal processes more transparent.
Although the ruling did not impose penalties for non-compliance, it sets a significant precedent for digital rights and platform accountability in Latin America. Meta, which owns Instagram, Facebook, and WhatsApp, has not yet publicly responded to the decision.
The case reflects growing regional scrutiny of social media companies. In a parallel move, Brazil’s Supreme Court ruled in June that platforms can be held directly liable for illegal content, including hate speech, and must act promptly to remove such material.
