Online violence against women

Key concepts and fact

Online violence against women: Acts of gender-based violence “committed, abetted or aggravated” in part or fully by the use of information and communication technologies (ICTs), such as cyber stalking; accessing or disseminating a woman’s private data (through hack-ing); identity theft or doxxing.

Due diligence: International law mandates states to exercise due diligence to promote, protect and fulfill human rights. This includes the obligation to prevent violations, protect victims/survivors of human rights abuses, prosecute violations, punish perpetrators and provide redress and reparation for victims/survivors. This also includes the obligation to remove impunity and prevent human rights abuses by non-state actors. Non-state actors include transnational 3 and national corporations operating within the jurisdiction of the state.

Internet intermediaries bring together or facilitate transactions between third parties on the internet. They give access to, host, transmit and index content, products and services originated by third parties on the internet or provide internet-based services to third parties.

Intermediary liability in the context of this paper refers to the legal liability of internet intermediaries for content
contributed by, or activities carried out by, third parties. The liability approach this paper pursues is “notice and takedown” systems, i.e. systems that require intermediaries to act expeditiously to remove content which is deemed to be unlawful once they have been given notice of the content to ensure that their sites do not serve as vehicles for violating material. Such takedown orders should be issued by a judicial authority, be clear and unambiguous, and follow due process.

Key Facts

• Online violence against women presents specific challenges in gauging which data or images constitute violence.
• Actionable violence is gauged by intent to harm, content, imminence of harm (credibility), extent of the harm and context.
• ICT provides a fertile terrain that amplifies reach of transmission
• Patriarchy and prevailing interpretations of moral norms, culture and religion situate women as the primary bearers of honour and tradition.

Key Facts

• Consent is key to differentiating lawful from unlawful and harmful behaviour.

• The enhanced anonymity offered by digital and virtual spaces provides particular challenges in identifying perpetrators of online violence against women and magnifies impunity.

• It is simplistic to view anonymity as a threat that needs to be removed under all circumstances.

Thanks

and ... sorry for missing the party