States urged to prosecute online sexual and GBV

Women who publicly denounce alleged perpetrators of sexual or GBV should not be charged with criminal libel - Declaration

Governments have been challenged to enact specific legislation or update existing laws to prohibit, investigate and prosecute online sexual and Gender- Based Violence ( GBV).

According to a Declaration on Freedom of Expression and Gender Justice by the United Nations and partners, the legislation should be grounded in international human rights standards on freedom of opinion and expression, as well as on gender equality.

The Declaration states that law enforcement officials and support services should be trained to recognise and respond to the distinct gendered nature of online violence and the heightened risk of physical violence arising from them.

The Joint Declaration which was adopted on the 3rd of May 2022 follows the discussions among the United Nations ( UN) Special Rapporteur on the Promotion and Protection of the Right to Freedom of Opinion and Expression, the Organisation for Security and Co- operation in Europe ( OSCE) Representative on Freedom of the Media, the Organisation of American States ( OAS) Special Rapporteur on Freedom of Expression and the African Commission on Human and Peoples’ Rights ( ACHPR) Special Rapporteur on Freedom of Expression and Access to Information.

“In consultation with media organisations and representatives of women journalists, states should develop and implement integrated prevention, protection, monitoring, and response mechanisms to ensure the safety of women journalists.

“State officials should publicly condemn any attack on female journalists and should refrain from making statements that could put women at risk. Social media platforms have an obligation to ensure that online spaces are safe for all women and free from discrimination, violence, hatred, and disinformation.”

Companies have been called on to improve their transparency and content governance, provide users with safety tools, make it easier to report online violence and create direct, easily accessible routes for the escalation of complaints. They should ensure that the relevant teams have the necessary expertise on GBV and the cultural context.

The Declaration says media companies should ensure the safety of female workers by adopting policies and processes to address sexual and GBV and harassment in both the external and internal work environment, involving women in creating these processes and policies, and providing psychosocial and digital security support, legal assistance, and training and protocols for all staff.

According to the Declaration, Gendered disinformation that does not constitute an incitement to violence or hatred should be addressed through non- legal and multi- stakeholder strategies implemented by states, companies and civil society, including public education, community awareness, digital, media and information literacy, de- incentivising the spread of disinformation on social media platforms, fact- checking and fostering of diverse and credible sources of information including independent media, and legal, social and digital safety support to empower and build the resilience of those at risk.

“The prohibition against sexual and genderbased violence applies online as well as offline. Online violence against women has particular significance for freedom of expression as it encompasses harmful speech, as well as behaviour facilitated by digital technology, including threats of physical or sexual violence, online bullying and stalking, doxing, harassment, targeted electronic surveillance, coercion and non- consensual exposure of intimate images. Sex and gender should be recognised as protected characteristics for the prohibition of advocacy of hatred that constitutes incitement to discrimination, hostility or violence under Article 20( 2) of the International Covenant on Civil and Political Rights ( ICCPR), and Article 4 of the International Convention on the Elimination of All Forms of Racial Discrimination”, reads the Declaration adding that Misogyny should be prohibited if it reaches the threshold set by Articles 19( 3) and 20( 2) of the ICCPR.

The Bodies explained that any restriction of freedom of expression should meet fully the three- part test of lawfulness, legitimate objective, necessity and proportionality, as set out in Article 19( 3) of the ( ICCPR)

States have been urged not to use the aim of protecting public morals to restrict gender, sexual, cultural or artistic expression of women and gender non- conforming people based on principles derived exclusively from a single tradition.

Neither a claim of protecting public morals nor the paternalistic excuse of protecting women and girls should be used to enshrine particular views of sexuality or gender roles or suppress diverse views.

The principle of necessity and proportionality, according to the Declaration requires that any limitation for the reason of protecting public morals should consider the universality of human rights, the principle of non- discrimination and the international human rights standards of sexual, gender and cultural diversity, including the protection of speech that may be offensive, shocking or disturbing to others.

The Declaration has called on the States, as well as public and private academic institutions, to respect academic freedom of expression and refrain from censoring, restricting or discriminating against gender studies and feminist scholarship or public debate on these issues.

“Women who publicly denounce alleged perpetrators of sexual or gender- based violence should not be charged with criminal libel, prosecuted for false reporting of crimes or be subjected to frivolous or vexatious defamation lawsuits. When women speak out about sexual and GBV, states should ensure that such speech enjoys special protection, as the restriction of such speech can hinder the eradication of violence against women.

“States should decriminalise all defamation and insult actions, and enact comprehensive legislation to discourage vexatious or frivolous defamation cases and strategic lawsuits against public participation ( SLAPPs) that are intended to intimidate and silence women and drive them out of public participation.”

On access to information, the Declaration points out that access to information is critical to women’s agency and empowerment and lies at the core of the right to freedom of opinion and expression. States should accelerate and enhance their efforts to close the gender digital divide and ensure that women have affordable, open, secure and high- quality access to the internet without restrictions or shutdowns.

To be impactful, such measures should also address political, socio- economic, linguistic and cultural barriers that prevent women’s equal access to information communication technology, the States have been urged.