The high court explained that the actress's case is novel and could have an impact on many other users of the social network
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In May 2021, the Colombian model Esperanza Gómez Silva filed a guardianship against the companies Meta Platforms, Inc. and Facebook Colombia S.A.S.
In May 2021, the Colombian model Esperanza Gómez Silva filed a guardianship against the companies Meta Platforms, Inc. and Facebook Colombia S.A.S., because the multinationals deactivated his Instagram account in which he had more than five million followers for allegedly infringing the community rules of the network by offering “sexual services”.
As a result of this demand, the The Constitutional Court summoned to a virtual technical session the companies Meta Platforms, Inc. and Facebook Colombia S.A.S., as well as the model Esperanza Gómez, within the process of reviewing the guardianship presented by the latter.
< p class="paragraph">Some of the arguments presented by the Colombian model before the high court is that she “never infringed copyright, she always published real content suitable for all audiences,he complied with the legal norms, respected the rest of the members of the community, did not threaten or harass anyone and always used appropriate language.”
In his lawsuit it is established that, in addition, her publications never included sexual services for adults, “because they contained photographs of her in her underwear, as well as other models and influencers, whom she did not they have deactivated their account.”
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In this context, the Ninth Review Chamber, with a presentation by Judge Natalia Ángel Cabo, considered that, “in order to adopt a substantive decision regarding the protection requested, it is necessary to convene a technical session in order to obtain more elements of judgment”.
“The case analyzed is novel, it can have an impact on many other users of the Instagram social network and it is related to a wide spectrum of issues ranging from corporate law to freedom of expression and equality, including the prevention of exploitation. and human trafficking,” the Chamber said.
For this reason, the Constitutional Court decided to summon to a technical session not only those directly involved in the case, but also a group of experts who will present their points of view on three thematic axes: freedom of expression, gender and curation of content on social networks; right to work, gender and social networks; and management and administration of social networks.
The hearing will be held on November 15, 2022, starting at 8:00 a.m., and It will be transmitted through the Corporation's channels and social networks and through the website www.corteconstitucional.gov.co.
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Recently, on the program 'Lo Sé Todo', the model of the adult entertainment industry, with a high degree of notoriety and public recognition at a national and international level, referred to the lawsuit filed.
“We are censored for discrimination, because I have the same rights despite from being a porn actress, than a model who doesn't do pornography and this helps to tone it down a bit and now the new account is in the process of being verified and finally, the other platforms allow me to monetize.”
For its part, Instagram has been clear with its rules on posts with sexual content. Although the platform does not prohibit artistic nudity, it does generate sanctions for any photo or video showing sexual acts, genitalia or close-ups of bare buttocks.