A/HRC/38/47
censorship by other users, and do not provide victims of harassment with any form of
redress.43
74.
Many intermediaries have now developed policies that allow for the identification,
reporting and rectification of incidents of harassment or violence against women committed
on the platforms of Internet service providers. In particular, social media intermediaries
have established separate mechanisms to address online abuse, including through the
establishment of internal rules aimed at “blocking” online abusers or removing contents
that are not considered permissible.
75.
Another issue relating to the policies of intermediaries is anonymity and
pseudonymity. While anonymity provides a veil for harassers and makes it harder to
identify and take action against them, anonymity and pseudonymity are also crucial facets
of privacy and freedom of expression for women. Women who have anonymous or
pseudonymous online profiles are therefore also adversely affected by the policies on
anonymity of certain intermediaries. From a gendered perspective, women should be able
to use pseudonyms, which can help them to escape an abusive partner, stalkers, repeat
harassers and accounts associated with the sharing of non-consensual pornography.44 As a
result, women, especially women human rights defenders, who choose to remain
anonymous on websites like Facebook are often reported by harassers for possessing a
“fake” profile. Instead of engaging actions against the harassers, intermediaries sometimes
require the women concerned to disclose their identity, which can put them at risk of
serious harm. For this reason, the policy has come under severe criticism from civil society
groups. Responding to these criticisms, Facebook changed its policy slightly and now
requires complainants to provide some amount of proof. In this context, human rights
safeguards against arbitrary censorship by intermediaries are crucial. 45
76.
Overall, companies seem unwilling to report how much content is being flagged and
removed and under what self-designed criteria. Although some attempts have been made,
the transparency of decision-making and in the application of standards to guarantee the
prompt reporting of gender-based violence on platforms is limited. 46
77.
While preserving anonymity for users is essential, the identification of perpetrators
is necessary if online gender-based violence is to be addressed. Access to justice requires
identification processes and the ability to link digital identifiers, such as an IP address, to
physical devices and perpetrators by an independent judiciary. A variety of carefully
tailored legal tools could facilitate such an identification process.
4.
National legal efforts to address online and information and communications
technology-facilitated violence against women and girls
78.
Some cases of online violence against women have drawn media attention and
resulted in important debates on the need for legislative reforms, including the adoption of
specific laws; for example, the posting of images of a sexual nature shared online that
resulted in the tragic suicide of young girls 47 have prompted a debate on the need for
legislative reforms, including the adoption of specific laws.
79.
Owing to the pace at which online acts of violence against women can be
committed, victims require prompt relief from effective legal protection mechanisms,
remedies and redress. In reality, however, many States do not have a holistic legal
framework on combating and preventing violence against women, including with regard to
specific provisions on online and ICT-facilitated violence against women, and have not
43
44
45
46
47
16
See Rima Athar, “From impunity to justice: Improving corporate policies to end technology-related
violence against women”, Association for Progressive Communications, 2014.
See Lis Miss Hot Mess, “Facebook’s ‘real name’ policy hurts real people and creates a new digital
divide”, Guardian, 3 June 2015.
See IT for Change, “Technology-mediated Violence against Women in India”, January 2017.
See “#ToxicTwitter: Violence and Abuse against Women Online”, Amnesty International, March
2018.
For instance, in Canada the suicide of two girls prompted the Government of Canada to adopt, in
2015, Bill C-13 on the non-consensual distribution of intimate images.
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