Background on the Case and Parties Involved
Esperanza Gómez, a renowned adult film actress in Colombia, took legal action against Meta (the parent company of Facebook and Instagram) after her Instagram account was closed without a transparent explanation. Gómez claimed that she had posted undergarment photos to generate income and also alleged a violation of her right to work.
Meta argued that Gómez violated their platform’s nudity rules, as she had over five million followers on Instagram. The Colombian Constitutional Court, however, ruled in favor of Gómez, stating that Meta’s decision to close her account was arbitrary and unlawfully restricted her freedom of expression.
Court’s Decision and Meta’s Responsibilities
The court determined that Meta had inconsistently enforced its nudity and sex work policies compared to similar accounts with active statuses. As a result, the court ordered Meta to review and adjust Instagram’s terms of use and privacy policy, ensuring users understand the process for challenging moderation decisions.
- Language Accessibility: Meta must make its policies available in Spanish.
- Judicial Notifications: Meta must establish an electronic channel for receiving judicial notifications from Colombian courts.
Implications and Precedents
This ruling is a rare instance where a court has mandated social media platforms to alter their policies. In June, Brazil’s Supreme Court increased digital platforms’ obligations regarding user-generated content, addressing the spread of misinformation and hate speech online—a groundbreaking case in Latin America.
Conclusion
The Colombian Constitutional Court’s decision to order Meta to adjust its privacy policies highlights the importance of transparency and consistency in enforcing platform rules. This case may set a precedent for future legal challenges against social media companies regarding user content moderation and policy application.
