Online Gender-based Violence: My experience
Lubna Zahan
Additional District Judge, Bangladesh
Online Gender-based violence is a global phenomenon and a violation of human rights. Gender-based violence (GBV), when digitally enhanced and perpetuated through technological and electronic means, is considered online gender-based violence (OGBV). GBV is an overt expression of the gender discrimination that exists offline. Online it becomes amplified. Women, girls, and LGBTQ+ people are at particular risk of being targeted by OGBV. Even women in leadership positions like politicians, human rights defenders, and journalists are specially targeted online.
Perpetrators of intimate partner violence, stalking, and sexual harassment are now using digital tools like social media and GPS tracking to cause harm. The act of sending unsolicited photographs of genitalia or sexual acts with the intent of silencing a person is called cyber flashing. Cyberstalking refers to the surveillance or monitoring of a person through digital technology used to prevent victims from escaping an abusive situation. Digital voyeurism includes filming, watching, and sharing online films or videos, which may be done by hidden cameras in innocuous objects or through photographs stolen from the person and disseminated without their consent. Sometimes, individuals can be deep faked or superimposed onto online images known as creepshots using artificial intelligence. Doxing refers to the disclosure of personal data online along with malicious suggestions for others to contact the person targeted to cause more harm or with indecent intent. Online sexual harassment and bullying take place through the internet through messaging, emailing, calls, and indirect messaging through various platforms. Zoom bombing forms when people join online to post racist, sexist, pornographic, or anti-Semitic content to shock and disturb viewers.
OGBV has significant ripple effects that translate beyond the survivors. The survivor’s effects include self-censorship, disengagement with online space, emotional, physical, and psychological harm, and economic damage. OGBV is a barrier against girls’ and women’s freedom of expression and involvement in education, labor, and political and public discussion. It undeniably widens existing gender inequality that works against peaceful, prosperous, and sustainable societies. The very severe form of OGBV can also cause death by suicide. OGBV perpetrators may amass in the thousands or millions and can harm someone with just one click.
Bangladesh condemns OGBV by passing the Information Technology Act of 2006 and the Digital Security Act of 2018 to prevent, investigate, punish, and provision for redress and reparation of OGBV. In Bangladesh, each division has one Cyber Tribunal. There is one Cyber appellate tribunal. The main challenge to providing justice to OGBV survivors depends on evidence collection and investigation skills. Bangladesh's Criminal Investigation Department (CID) has a special wing to investigate those offenses. Bangladesh focuses on effective cooperation and communication with internet intermediaries as this is vital to getting the evidence from digital space, and delays in taking steps will cause the disappearance of evidence. Bangladesh faces a few challenges in this field, such as,
1. Lack of essential infrastructure, e.g., digital courtroom, digital case management system, digital information sharing with stakeholders.
2. Lack of financial resources.
3. Liaison with social media policymakers with judicial authorities.
4. Preservation of digital evidence.
5. Educating the stakeholders on OGBV.
I worked as a Civilian Justice Expert for the United Nations Assistance Mission in Somalia (UNSOM) for two years, from May 2021 to May 2023. My office, UNSOM JJCS, worked closely with the legal community of Jubbaland, judges, prosecutors, the Ministry of Justice, lawyers, and community leaders. They shared the rising cases of OGBV in Jubbaland. Recently we had a mentoring session with prosecutors. Participants shared their practical experience of investigating OGVB cases without proper skills in law and technological assistance. Participants shared OGBV cases by using social media accounts and blackmailing the victims. They found lack of awareness increases the risk of OGBV. They shared the difficulties of collecting evidence from social media accounts. Participants stated that there is no designated investigation unit for OGBV. For Somalia, we came up with some recommendations, such as
· Required to pass relevant Laws to recognize the OGBV.
· Creation of special tribunals/courts to address the cases.
· Advanced Training on OGBV and standards.
· Train prosecutors to create a special investigation cell.
· Appointment of more female prosecutors and provide special training on OGBV.
· Built proper information technology structure.
· Enhance court and case management for OGBV.
To combat OGBV, it is high time to build leadership to engage with national policymakers, judges, lawyers, and other key actors in identifying remedies that may be available in current laws and regulations and, where needed, developing new policies that seek protection from OGBV.
We must enhance women’s ability to influence internet and telecommunications businesses, such as social networking platforms, web hosting companies, and mobile phone operators, to develop corporate practices and policies that respect women’s rights. Additionally, women must be adequately represented in policymaking and standard-setting processes, ensuring that policies and standards prioritize user safety and security. This may include an independent regulatory mechanism, system-wide removal of harmful content, and other measures.
Campaigning is necessary to create an online environment and culture that affirms everyone’s right to safety and security. Such a culture would not tolerate behaviors and practices harmful or violent toward women and girls.
We need a blend of criminal, civil, and administrative processes, ensuring state obligations and responsible internet intermediaries, along with the "5 Ps": prevention, protection, prosecution, punishment, and provision of redress and reparation.
Lastly, it is vital to push for an increase in substantive policies regarding OGBV and reduce discrepancies between international regulations and state implementation.
There should be a message that OGBV will not be tolerated. This is a day to join voices with people worldwide and spread the message loud and clear.