On August 28, 2025, the Constitutional Court of Colombia, through Ruling T-256 of 2025, ruled in favor of Esperanza Gómez against Meta (Instagram). The case establishes new rules for content moderation in Colombia and sends a strong message to Big Tech companies.
What Happened?
Esperanza Gómez, an actress and digital content creator, filed a constitutional action (tutela) after Instagram permanently deleted her account with more than five million followers, alleging violations of its policies on nudity and sexual content.
The Court’s Decision
The Court concluded that Instagram’s decision was arbitrary and violated several fundamental rights under Colombian law:
- Freedom of expression
- Equality
- Due process
- Right to work
The Court emphasized that while digital platforms have autonomy to moderate content, this power is not absolute and must be consistent with Colombia’s Constitution.
Obligations Imposed on Meta
The ruling ordered Meta to:
- Enable an official channel in Colombia to receive judicial notifications.
- Provide clear and unified content policies in Spanish.
- Explain clearly the reasons behind suspensions or deletions.
- Submit regular reports on content moderation practices in Colombia.
Impact in Colombia
This decision positions Colombia as a regional pioneer in regulating Big Tech. It strengthens protections for users and influencers, requiring platforms to ensure transparency, proportionality, and due process in their moderation systems.
FAQs
What does Ruling T-256 of 2025 mean for Instagram users?
It provides stronger guarantees against arbitrary decisions by platforms such as Instagram and Facebook.
Does this ruling affect other social media platforms?
Yes. The precedent applies to any digital platform operating in Colombia.
Which rights are protected by this ruling?
The Court reinforced the protection of freedom of expression, equality, due process, and the right to work for digital creators.
If you have any questions, or want to better understand the scope of digital rights in Colombia and what steps you can take if you face issues with technology, social media, digital platforms, or data, don’t hesitate to schedule a consultation with our team. We will review your specific case and provide tailored legal guidance.
Contact Nieto Lawyers today and ensure your company or digital business is prepared to navigate Colombia’s new regulatory landscape.
