HiNews
Colombia’s Constitutional Court has ruled that Meta Platforms, owner of Instagram, violated the freedom of expression of adult entertainer Esperanza Gómez by shutting down her account without clear justification. Gómez, one of Colombia’s most prominent figures in the adult industry, regularly posted images of herself in lingerie as part of her professional work and had over five million followers on the platform. The court found Meta’s enforcement of its nudity policy was inconsistent, noting that accounts posting similar content remained active while Gómez’s was singled out.
The judges determined Meta acted arbitrarily and failed to provide transparency, citing a lack of due process and clear explanation for the decision. In their ruling, the court emphasized that social media platforms must apply content moderation proportionately and disclose specific reasons and mechanisms for challenging suspensions. As a result, Meta has been ordered to revise Instagram’s terms of use and privacy policy, inform users about appeal procedures, and more clearly outline rules around implicit sexual content. The company must also explain whether offline behavior affects moderation outcomes.
No penalties were assigned for non-compliance, and it remains unclear if Gómez will receive compensation or reinstatement. The ruling follows a broader regional movement for stricter oversight of social media, including a recent Brazilian Supreme Court decision holding platforms directly accountable for illegal content.
Although Meta has not yet issued a formal response to the Colombian verdict, but we found the Instagram account of Esperanza Gómez has been restored:
