Colombian Court Explains When Digital Gender-Based Violence Against Women Occurs
The Constitutional Court of Colombia has just issued a ruling making it clear that speech constituting gender-based violence against women is not protected by freedom of expression. The case that led to this decision began in 2025, when social affairs manager Stephany Dayana Ortiz Tafur filed a tutela action against a digital content creator over […]
The Constitutional Court of Colombia has issued a ruling that digital gender-based violence against women is not protected by freedom of expression. The case arose when Stephany Dayana Ortiz Tafur filed a petition against a digital content creator for posts criticizing her body, appearance, and personal life. Initially, the Civil Circuit Court of Arauca denied the petition, citing freedom of expression and political participation.
However, the Constitutional Court's Fourth Review Chamber overturned this decision, finding that the posts violated Ortiz Tafur's right to a life free from violence, equality, and non-discrimination. The court distinguished between criticism related to her public work and posts targeting her body and personal characteristics, deeming the latter as digital gender-based violence.
The ruling emphasizes that the objectification and sexualization of women's bodies in digital spaces constitute a severe form of gender-based violence. The court ordered the removal of the posts from Facebook and protected Ortiz Tafur's rights to honor, good name, human dignity, personal and family privacy, equality, and nondiscrimination.
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