Colombia’s Constitutional Court has determined that Meta, the parent company of Instagram, violated the freedom of expression rights of adult film actress Esperanza Gómez when it deleted her account. The court’s ruling stated that Meta removed her account, which had over five million followers, “without a clear and transparent justification” and did not enforce consistent policies regarding similar accounts.
Meta contended that Gómez had breached its rules concerning nudity. In response to the account’s closure, Gómez claimed that it hindered her work and alleged that Meta did not adhere to proper procedures during the account removal process. The court recognized the need for social media platforms to moderate content but emphasized that this should not permit the termination of an account without proper justification.
The ruling highlighted inconsistencies in Meta’s application of its nudity and sexual services policies, indicating that similar accounts had not faced the same consequences. The court affirmed that social media posts are protected under Colombia’s constitution and can only be limited in a proportionate manner when necessary.
To address these issues, the court ordered Meta to review and adjust Instagram’s terms of use and privacy policy. This adjustment should ensure that users are informed about the processes for contesting moderation decisions and that rules regarding implicit sexual content are clearly defined. Additionally, any criteria for moderation based on offline activities must be explicitly communicated.
The ruling did not outline any specific penalties for non-compliance or indicate whether Gómez would receive compensation for the account’s closure. A request for comment has been made to Meta. This case reflects a broader trend in South America, where courts are asking social media companies to alter their policies in light of user rights and content moderation standards.
Source: https://www.bbc.com/news/articles/cp8wlxwy1exo?at_medium=RSS&at_campaign=rss