The porn actress Esperanza Gómez has spent a year trying to regain the number of followers on Instagram that she had in the account that closed that platform and in which she exceeded five million. Her attempt to recover a community that, according to her, generated economic income for her has gone hand in hand with a legal battle against Facebook Colombia, Instagram Colombia and Meta Platforms. Gómez's case reached the Constitutional Court with a guardianship in which the actress argues that her rights to freedom of expression and work, among others, have been violated. This Tuesday, the room that selected the file because "it can have an impact on many other users of the social network" meets with experts in digital rights to advance the process, whose ruling could be known in 15 days.
The fight between Esperanza Gómez, 42, and the defendant companies, began in 2021. According to the guardianship, during March and November of last year, Instagram told her that she had removed six images from her posts because they contained sexual services that “infringed the community norms” of the social network. Gómez, who did not understand how she was violating the company's policies, continued to publish her content because it was a channel "to expand her business model and consolidate her personal brand." Finally, Instagram deleted her account, with her files, posts, messages and followers.
Gómez has found the measure disproportionate and unfair. She argues that she never acted contrary to the rules of Instagram. She says that she did not infringe copyright, that she always published real content suitable for all audiences, complied with legal norms, did not promote sexual services, respected other members of the community, did not threaten or harass anyone and always used a appropriate language. In conclusion, she assures that her publications never promoted violence or any inappropriate practice and that is why she was willing to take her case to the highest constitutional court.
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