A famous porn actress with over five million Instagram followers has won a legal battle against tech giant Meta for "arbitrarily" deleting her profile for "nudity" and is now preparing to seek damages for the financial loss it caused.
Colombian bombshell Esperanza Gomez sued the company after her Instagram account was removed allegedly for violating the guidelines regarding nudity and sexual content.
The 45-year-old adult star, who is also in demand as an advertising face for many brands, took the case to court citing discrimination and "double standards" since other influencers are allowed to continue posting similar images without problem.
Esperanza Gomez, 45, poses in undated photo. She is Colombia's most famous porn star. Note: Private photo taken from social media. (@yoesperanzagomez/Newsflash/NX)
She argued that the termination was based on her track record in the pornography industry outside of the social network and not on content she had shared on Instagram.
Esperanza said that soon after her account was closed down, she lost several important contracts.
She said: "That part affected me a lot, the financial part, because obviously most people who have lost an account on these platforms know how difficult it is to create one from scratch.
"It's not an easy task because we have to try to win back that audience."
Esperanza Gomez, 45, poses in undated photo. She is Colombia's most famous porn star. Note: Image is a screenshot from video. (@yoesperanzagomez/Newsflash/NX)
It caused problems in her relationships with several brands, which were demanding a significant following.
The Colombian Constitutional Court has now ruled that Instagram removed her account without clear and transparent justification, reaching a decision on 12th September.
It said that the act went against her constitutional rights, such as the freedom of expression and right to work.
The Court determined that, when the legal issue has a relevant connection with the country and its citizens, "the transnational nature of the Internet does not exclude the Colombian State's obligation to protect fundamental rights within its jurisdiction."
Esperanza Gomez poses in undated photo. She revealed the most curious place she has had sex. Note: Private photo. (@yoesperanzagomez/Newsflash)
It warned that there are necessary limits to protect users' rights and that if users' offline activities are taken into account - for example being in the porn industry - that it "must be expressly stated in their community standards."
Although the court said it was not possible to restore her account, it opened the way for Esperanza to seek compensation.
The actress announced on 14th September that she plans to sue for damages, although she is yet to calculate her financial loss.
Meta has not yet commented on the ruling.
(Simona Kitanovska / newsX)