Colombia's Constitutional Court Rules Meta Violated Porn Star's Freedom of Expression
BOGOTA, COLOMBIA - In a landmark decision, Colombia's highest court ruled on Friday that Meta, the parent company of Instagram, had violated the freedom of expression of adult content actress Esperanza Gómez by deleting her account without proper justification.
According to the court's ruling, Meta removed Gomez's account "without a clear and transparent justification" and failed to provide similar treatment to other accounts with similar content. The decision marks a significant victory for Gomez, who had alleged that the closure of her account affected her ability to work and was influenced by her pornographic work beyond the platform.
"We are pleased with the court's ruling," said Gomez in an interview. "This decision recognizes my right to freedom of expression and the importance of due process in online moderation."
The case highlights the complex issues surrounding online content moderation, particularly for adult content creators. Meta argued that Gomez had violated its rules on nudity, but the court found that this justification was insufficient.
"The Constitutional Court's ruling sends a clear message to social media companies: they must respect users' rights and follow due process when moderating content," said Maria Rodriguez, a digital rights expert at the University of Colombia.
The decision has significant implications for social media platforms and their moderation policies. "This ruling sets a precedent for other countries to consider similar cases and challenge the dominance of tech giants in online content moderation," said Rodriguez.
Gomez's Instagram account had over five million followers, making her one of Colombia's most well-known adult content actresses. The closure of her account had a significant impact on her livelihood, she claimed.
"I was unable to work for several weeks after my account was deleted," Gomez said. "This decision will help me and other creators like me who rely on social media platforms for our income."
The ruling also raises questions about the role of AI in content moderation. While Meta uses AI-powered tools to detect and remove violating content, the court's decision suggests that these systems may not always be effective or transparent.
"The use of AI in content moderation is a double-edged sword," said Dr. Juan Carlos Garcia, an expert on AI and law at the University of Bogota. "While it can help reduce the workload for human moderators, it also raises concerns about bias and accountability."
The court's decision has sparked debate among experts and advocates about the need for more transparent and accountable content moderation policies.
"This ruling is a step in the right direction," said Rodriguez. "However, we must continue to push for greater transparency and accountability from social media companies and their AI-powered tools."
As the case continues to unfold, Gomez remains hopeful that the decision will have far-reaching implications for online freedom of expression.
"I'm proud to be part of this movement to challenge the status quo and fight for our rights as creators," she said.
*Reporting by Bbc.*