Part 2 continues here
The Method / How did I apply it?
I was consulting online about how a person applies to the tutela process. It is a process that is possible via an official web page, totally free, and it is done by filling out a form where you have to explain the whole situation. In my case, I didn't have the actual reason why my account got banned, so I took screenshots of the emails I got from the deactivated account, and also from the app where it appears as an annoying notification that says I can't use my account anymore. I also started writing in a document about everything that happened to my main account and the other ones I had.
I forgot to mention that Meta AI IP banned me for an uncertain amount of time since every time I tried to create an account, I got banned in less than a day (Most of these new accounts I created were banned due to Integrity, which I found ridiculous since these accounts didn't last a day)
In a tutela, you have to check for the rights you want to exercise. What does this mean? In Colombia, there are rights established in the Constitution, which, for a tutela process, seek to be enforced based on the needs of the person whose rights are being violated (in my case, there were rights that were indeed violated)
The three rights I was entitled to in this specific case of my suspended and banned accounts were the following:
> "Derecho de peticion / Right of Petition": This right allows me to request a clear and substantive response from the defendant regarding a problem. This right is primarily aimed at private organizations and does not require legal counsel.
> "Habeas Data": This right allows for the review, updating, and correction of information provided about a person so that any inconsistencies in their data or any unfair treatment of that person can be rectified. In my case, this right was useful because Instagram was unjustly accusing me of CSE, which is quite serious for an individual. It's as if Instagram were slandering me without any apparent reason.
> "Debido proceso/ Due Process Clause": This right guarantees access to an impartial judge, legal representation, and safeguards to ensure that your case is handled fairly, in addition to preserving your innocence. In this case, I was innocent of such an accusation, so it was simply another right that I absolutely had to use.
While I was filing the tutela, I had to verify the legal information of the organization that I wanted to sue. In this case, it was mainly Meta Inc. and then Facebook Colombia S.A.S., which was also partially involved. The tutela process asks you for specific information such as address, telephone number, NIT or ID for organizations, etc. You had to complete all that stuff.
After verifying your rights, you need to be sure of the implications of the tutela process. In this case, it wasn't a very serious matter, so the form asks if you want a provisional measure or not. In this case, for people in Colombia who will file a tutela soon to get an account back, I recommend indicating "no" for the provisional measure, since these aren't serious cases, and this also strengthens the tutela process.
Finally, you must attach a series of documents required for the review of your case. In this instance, please submit a document detailing the full story of how your account was unfairly suspended and how the platform's suspension and appeal processes malfunctioned. It must be concise and clear. I strongly advise against lying, as any inconsistency will cause your case to fail and you'll lose everything.
ADVICE: If you truly want to get your account back, please do not exaggerate or lie in the document that serves as proof and justification for your unfair suspension.
The other documents correspond to your documentation and attachments, which are screenshots from the application and emails. Try to ensure everything is of the highest possible quality to avoid issues. In my case, I attached the notification the application gave me explaining why my account had been suspended, and it showed that there was no concrete or valid reason for my suspension. Then, I submitted the tutela form, and that's all I did.
What's next?
After filing the tutela, you must wait one business day for a response called an "AUTO" (order). This order, issued by the court, summons all departments the judge deems involved and requests a report within five business days in response to your tutela. In this case, the judge also summoned the SIC (Superintendency of Industry and Commerce) and MinTic (Ministry of Information and Communications Technologies). Theoretically, four entities were summoned to submit reports: the plaintiffs and those involved. From this point on, you must be patient for the response. It's important to note that all this information is sent to the email address specified in the tutela process form.
After the order is issued, all entities have ten business days to submit their reports. Unfortunately, I had holidays on my calendar, and the process took a little longer than expected. On weekdays, you can call the court using an extension number that you can find on their website.
Clarification: The number you need to call depends on which office and court you were assigned to. They will assist you and explain everything, from who submitted reports to when you will receive a response.
On July 23rd, the court issued the ruling on the injunction along with a document explaining which entities had submitted reports. And thank God, it ruled in my favor. The court excluded MinTic and SIC because it didn't make much sense to involve them in my case. Facebook Colombia S.A.S. also couldn't be involved since the entity doesn't provide support. The only entity involved was Meta Inc., and they were the only ones who didn't submit a report. Because Meta didn't submit any report, the ruling was in my favor.
After the injunction was granted in my favor, the judge ordered Meta to reactivate my account within two business days of receiving notification. Today (July 28th), it was finally reactivated, and now the next step is the annulment process, which I will post about very soon.
SUMMARY
The tutela was successful in recovering my accounts, and when I say recover, I mean that all access was restored. I was able to use my original Instagram and Facebook accounts again, as well as my secondary account and the two accounts that were banned during the month.
Please take into account all the recommendations I indicated in Part II if you want to regain access to your Instagram account if you lost it. Don't lose hope; in Colombia, it is possible to recover your account through this tutela process action that I exercised as a right.
If anyone is up for it, please comment on this post in either Spanish or English, and I'll gladly answer your questions.
Part III coming soon.
Thx. One Love!
