Post by : Raman

Colombia’s Constitutional Court has made a landmark decision that could change the way social media platforms handle freedom of expression. The court ruled that Meta, the company that owns Instagram, Facebook, and WhatsApp, acted wrongly by closing the Instagram account of Esperanza Gomez, one of Colombia’s best-known adult content actresses.

Esperanza Gomez, who has more than 5 million followers on Instagram, said she posts photographs of herself in her underwear as part of her work. Meta had removed her account, saying she violated the platform’s rules on nudity. Gomez said that the account closure affected her work and income and that she was given no clear explanation for the decision.

The court, however, disagreed with Meta. It stated that the company acted in an “arbitrary” way and “illegitimately restricted her freedom of expression.” The court also pointed out that Meta applied its rules inconsistently. Other Instagram accounts with similar content to Gomez’s were still active, which the court saw as unfair.

This ruling is important because it highlights the conflict between social media companies’ rules and the rights of individuals to express themselves freely. Freedom of expression is a fundamental right in many countries, and the court’s decision emphasizes that companies cannot restrict this right without clear and consistent rules.

The court also ordered Meta to review and adjust Instagram’s terms of use and privacy policy. The goal is to make it clear to all users how moderation decisions are made and how they can challenge them if they believe a decision is wrong. While the court did not specify penalties if Meta fails to comply, it made clear that the company must ensure transparency and fairness in its policies.

This case is not unique to Colombia. In other South American countries, courts have also required social media companies to adjust their policies. For example, in June, Brazil’s Supreme Court ruled that social media platforms are directly responsible for illegal content, including hate speech, and must take immediate action to remove it.

Esperanza Gomez’s case shows how important it is for online platforms to be fair and transparent. Social media has become a central part of people’s lives, both for personal expression and for work. For many, Instagram and other platforms are not just for sharing photos—they are also tools for earning a living. Closing accounts without explanation can have serious financial and professional consequences.

The court’s ruling could set a precedent for other countries. Social media platforms often operate globally, but their rules may affect people differently depending on local laws. This decision shows that even large technology companies must respect the rights of users and comply with the laws of the countries in which they operate.

In addition to protecting Gomez’s rights, the court’s decision is also a warning to social media companies about the importance of clear communication with users. Users need to know what is allowed, how decisions are made, and what steps they can take if they believe a mistake has been made. Transparency and fairness are essential for maintaining trust between platforms and their users.

Critics of Meta have long argued that its policies on nudity and sexual content are inconsistent. Some users report being banned or having content removed while others with similar content remain active. This ruling addresses that problem directly by calling on Meta to standardize its rules and provide clear explanations to users.

Esperanza Gomez welcomed the ruling. She said it was not only about her account but about protecting the rights of many creators who rely on social media for their livelihood. The decision shows that courts can play a key role in balancing the power of large technology companies with the rights of individual users.

This case also raises broader questions about freedom of expression in the digital age. Social media platforms are private companies, but they have become central to public life. People use them to share opinions, connect with others, and even conduct business. When a company removes content or accounts arbitrarily, it can affect the lives of millions. Court decisions like this one remind companies that they must act responsibly and in line with fundamental human rights.

Colombia’s Constitutional Court has made an important ruling in favor of Esperanza Gomez, reinforcing the principle that freedom of expression must be respected online. Meta is now required to review its rules and make them clearer to users. The case highlights the need for fairness, transparency, and consistency in how social media platforms handle user content. For creators like Gomez, who rely on these platforms for work, the ruling is a major victory.

This decision could influence future cases in other countries and help shape a digital environment where users’ rights are protected and companies are held accountable for their actions. Social media platforms must remember that behind every account is a person whose livelihood and freedom of expression may depend on fair and consistent policies.

Esperanza Gomez, Colombia news, Meta Instagram, freedom of expression, social media policies