BOGOTÁ, Colombia — Colombia’s Constitutional Court has ruled in favor of adult performer Esperanza Gómez in her dispute with Meta over repeated suspensions of her Instagram account.
The court determined that Meta failed to apply its standards equally, noting that Gómez’s profile had not been treated the same as others with similar content.
“If social media platforms use offline activities as criteria for content moderation, they must clearly state these criteria in their community standards,” the ruling stated. “Due process must also be allowed to reasonably challenge the social media platform’s decision.”
Gómez first filed her case in 2022, arguing that Instagram’s repeated deactivations cost her millions of followers and harmed her “right to work.”
In the decision, authored by Judge Natalia Ángel Cabo, the court ordered Meta to take three corrective measures: establish a visible electronic channel for judicial notifications in Colombia, ensure moderation policies are available in Spanish on a unified website, and revise Instagram’s terms of use and privacy policy so users have clear avenues to contest moderation actions.
Following the ruling, Gómez celebrated the outcome on X. “I continued without listening to the people who told me that I would never win a lawsuit against a giant, and today we are triumphing,” she wrote. “We must know how to defend our rights when they are violated.”