Colombia: attacking a public woman’s body online can be digital gender violence

Colombia’s Constitutional Court has published bulletin No. 190 on ruling T-348 of 2026: criticism on social media aimed at the bodies of women with public recognition can amount to digital gender violence. The ruling matters because it clarifies where free expression ends when the target is someone in public life.

The case and the decision

According to press coverage, the Court’s Fourth Review Chamber examined a tutela (constitutional protection action) brought by a social manager of the municipality of Arauca over Facebook posts by a content creator about her body, appearance and private life. The decision is dated 27 October 2026, with Justice Juan Carlos Cortés González as rapporteur, and was made public on 9 November.

The Court overturned the second-instance judgment, which had refused protection, and granted it, citing rights including a life free from violence, equality, image, dignity and privacy. It ordered the posts to be removed, a public apology, training on digital gender violence, and publication of the ruling on the defendant’s own accounts. It also told Facebook to take down the content identified as digital gender violence.

Legitimate criticism versus violence

The Court does not close down public debate. According to the available reports, it made clear that criticism of how someone performs a public role is admissible, while messages that sexualise, objectify or discredit a woman through gender stereotypes are violence. To tell them apart, judges must look at context, repetition and the stereotypes underlying the messages. The Court also noted the chilling effect such attacks can have on women’s participation in political, social and professional life.

A recurring theme

This is not an isolated ruling. Earlier in 2026 the Court set limits on free expression in other digital gender violence cases and, as Infobae reported, asked platforms to review their community policies and create visible reporting channels. In this ruling it repeated its call on Congress to regulate prevention, protection, redress and sanction of this kind of violence.

Our view at CEA Digital Law

At the Euro-American Committee of Digital Law - CEA Digital Law we welcome the Court’s position that being a public figure does not make every comment about a woman’s body legitimate. The line between criticism of conduct in office and stereotype-based attack is a useful guide that other courts in the region could adopt.

In Europe, Directive (EU) 2024/1385 on combating violence against women already addresses online violence, and the Digital Services Act sets due-diligence duties for platforms. In Latin America, the Caribbean and Africa, many legal systems still lack specific offences, so case law plays a pioneering role. That route is slow and depends on individual cases.

We suggest three steps: legislation that defines digital gender violence with safeguards for free expression; platform protocols with clear response times, accessible in Spanish and local languages; and judicial training in analysing context and repetition. Open questions remain on how orders addressed to global platforms will be enforced and what standard of proof future cases will require.

Sources

• Corte Constitucional de Colombia (boletín No. 190, Sentencia T-348-26)
• Semana
• Pulzo
• Meridiano 70
• Infobae

CEA Digital Law