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Colombian court rules Meta was wrong to bar porn star’s Instagram account

The highest court of Colombia decided that Meta has violated the right to freedom of expression when a porn star deleted an Instagram account.

The Constitutional Court of the South American country said on Friday that the technology company has removed Esperanza Gómez’s account “without a clear and transparent justification” and removed it without providing similar treatment to other similar accounts.

The 45 -year -old, who has more than five million followers of his account, is one of the best -known adult content actors of Colombia.

Meta defended the rules of nudity in case of violation. The company, which also owns Facebook and WhatsApp, did not react immediately to the decision.

Ms. Gómez claimed that the closure of her account affected her working ability and was influenced by pornographic studies beyond the platform. He also claimed that Meta did not follow the necessary process.

In his decision, the decision, while the content of the social media platform realized the need to be moderate, it did not justify the account of a porn star “without a clear and transparent justification”.

He also found that Meta was “inconsistently implemented his policies on nudity and sexual services” and other accounts with similar content remained active.

The court said that social media tasks were protected in accordance with the Colombian Constitution and should only be limited to proportionally when necessary.

He ordered Meta to “review and adjust the” Terms of Use and Privacy Policy of Instagram, to be clearly aware of the mechanisms for challenging moderation decisions “and to define the rules of implicit sexual content more precisely”.

The court said that if the offline activities of social media platforms used as a criterion for content control, they should clearly state them.

The court has not specified sanctions for incompatibility or whether Mrs. Gómez will receive any corrections.

BBC contacted Meta for comment.

It did not require a social network to change the policies of a South American court for the first time.

The Supreme Court of Brazil has recently decided that social media was directly responsible for illegal content, including hate speech, and immediately took action to remove it and calculates it.

This decision ordered a judge to suspend dozens of X account allegedly spreading disinformation.

Before the social media platform began to comply with the decision, it led to a brief ban in Brazil and paid a fine of $ 5.1 (£ 3.8 million).

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