Moderación digital, garantías y libertad de expresión

This paper discusses Judgment T-256 of 2025 of the Constitutional Court of Colombia, which decided the tutela action brought by a digital influencer against Meta Platforms, Inc. after the company permanently deleted her Instagram account. Although the Court declared the claim moot due to consummated harm, it ruled on the merits and set standards exceeding the specific case. It affirmed the jurisdiction of national courts where the harm produces effects within the territory, subjected content moderation to due process and the inter-American three-part test, barred the exclusion of users for their offline activity without a justification free from discriminatory bias, required a heightened burden of proof to impose the maximum sanction, and recognized influencer activity as constitutionally protected work. The commentary examines the extension of the three-part test to a private actor and the ruling’s projection onto Uruguayan law, where its substantive standards are transferable, although the amparo action faces significant procedural limits.