Colombia’s Constitutional Court on Friday ordered Meta to change its privacy policies after ruling that it trampled the freedom of expression of a porn star by closing her Instagram account.
Meta, which owns Facebook and WhatsApp as well as Instagram, argued that Gomez violated the platform’s rules on nudity.
But the court ruled that it acted in an “arbitrary” fashion in closing her account and “illegitimately restricted her freedom of expression.”
This is not the first time that a South American court has required a social network to change its policies.
In June, Brazil’s Supreme Court ruled that social media were directly liable for illegal content, including hate speech, and must immediately act to remove it.
On Friday, the Constitutional Court of Colombia ruled that Meta had violated a porn star’s right to free speech by shutting down her Instagram account, and ordered the company to modify its privacy protocols.
One of the most well-known adult content actresses in Colombia, Esperanza Gomez, claimed that she posted pictures of herself in her underwear as part of her work.
With over 5 million Instagram followers, Gomez claimed that Meta’s decision to delete her account interfered with her ability to work and that she was not provided with a clear explanation.
Gomez was accused by Meta, the company that owns Instagram, Facebook, and WhatsApp, of breaking the platform’s nudity policies.
Nevertheless, the court decided that it “illegitimately restricted her freedom of expression” and closed her account in an “arbitrary” manner. “.
While acknowledging that social media platforms must filter content, the court’s decision did not support deleting a porn star’s account “without a clear and transparent justification,” according to BBC News.
The court found that Meta “applied its policies on nudity and sexual services inconsistently,” pointing out that other accounts that shared Gomez’s content were still functional.
In a broad decision, the court mandated that Meta “review and adjust Instagram’s terms of use and privacy policy, so that users are clearly aware of the mechanisms for challenging moderation decisions.”. “..”.
The decision made no mention of penalties for noncompliance.
The decision did not immediately affect Meta.
In the past, a South American court has mandated that a social network modify its policies.
The Brazilian Supreme Court declared in June that social media companies were held directly accountable for unlawful content, including hate speech, and had to take prompt action to remove it.
