Colombia’s Constitutional Court has directed Meta Platforms Inc. to review its privacy and content moderation policies following a legal dispute involving Esperanza Gomez, a popular adult film actress.
The court ruled that Meta, which owns Instagram, Facebook and WhatsApp, acted arbitrarily by suspending Gomez’s Instagram account over alleged violations of its nudity guidelines.
Gomez, who has over five million followers on Instagram, said she regularly posted images of herself in underwear as part of her professional work. She argued that the account’s suspension negatively affected her livelihood and criticised Meta for failing to provide a clear explanation.
In its defence, Meta said the account breached Instagram’s rules on nudity. However, the court found that the enforcement of such rules was inconsistent, noting that other accounts with similar content remained active.
The judges held that Meta unlawfully restricted Gomez’s right to freedom of expression and ordered the company to revise Instagram’s terms of use and privacy policy to ensure transparency and provide users with a clear mechanism for challenging moderation decisions.
Although the ruling did not specify penalties for non-compliance, legal experts say it sets a precedent for increased scrutiny of social media platforms in Latin America.
The case comes amid growing regional efforts to regulate digital platforms. In June, Brazil’s Supreme Court ruled that tech companies could be held directly liable for illegal content, including hate speech, and mandated immediate removal of such material.
Meta has yet to issue an official response to the Colombian court’s decision.
