A/HRC/38/47
further obstacles posed by the lack of technical knowledge and ability in the judiciary
(including court systems, magistrates and judges). In addition, the costs of litigation prevent
many survivors, particularly poorer women, from pursuing their cases in court. It is
therefore vital that the responses of first responders — including Internet intermediaries, the
police and helplines41 — and of the judiciary and regulators be assessed in order to achieve
a faithful depiction of the reality of women’s experiences and to facilitate their access to
justice and remedies.
(d)
Punishment
69.
Punishment entails the duty to punish perpetrators for their crimes by means of
sanctions that are necessary and proportionate to the offence. The certainty of adequate
punishment conveys the message that ICT-facilitated violence against women and girls will
not be tolerated, which is particularly important for women victims of online violence, who
often do not receive an effective response from State authorities and perceive a culture of
impunity for perpetrators.42
(e)
Redress, reparation and remedies
70.
In most cases, victims of gender-based violence are granted reparations as civil
remedies and include financial compensation to cover the costs of the quantifiable losses
incurred (such as the cost of medical care, loss of wages and damage to property), injuries
and non-quantifiable losses, in addition to the need for survivors to rebuild their lives in the
short, medium and long terms. Reparation measures include also the immediate removal of
the harmful content as well as forms of restitution, rehabilitation, satisfaction and
guarantees of non-repetition, combining measures that are symbolic, material, individual,
and collective, depending on the circumstances and the claims made by the victim. They
should also include an immediate injunction to prevent the publication of harmful content.
(f)
Role of intermediaries
71.
The role of private intermediaries in the regulation and governance of the Internet
has progressively come under scrutiny, given that online gender-based violence is usually
perpetrated on privately owned platforms, which are frequently in use across many
jurisdictions. Internet intermediaries play a central role in providing digital spaces for
interaction and, as such, have specific human right responsibilities. These responsibilities
have not, however, yet been fully addressed under the international human right
framework; for example, while the Guiding Principles on Business and Human Rights
affirm the responsibility of business enterprises to respect human rights in general, they do
not make any direct reference to the Convention on the Elimination of All Forms of
Discrimination against Women or other women’s rights instruments (see A/HRC/32/38,
para. 37).
72.
Internet intermediaries, any corporation storing customers’, data, and those
providing cloud storage also have the duty to comply with human rights standards by
keeping the data secure, and should be accountable for the hacking of data if insufficient
safeguards are in place.
73.
Although emphasis has been placed on the business and human rights
responsibilities of intermediaries, less focus has been placed on how their policies and
practices have an impact on women. Research indicates that inadequate and substandard
responses from intermediaries concerning online gender-based violence can have a negative
effect on freedom of expression, resulting in censorship by platforms, self-censorship or
41
42
Digital Rights Foundation, “December 2017: One Year of the Cyber Harassment Helpline Countering
Online Violence”, 7 January 2018.
See Internet Governance Forum, Best Practice Forums: Handbook 2015.
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