A/HRC/43/52
(j)
Explore, where appropriate and necessary, third-party liability options for
platforms, including social media networks, that permit the redistribution of private images
and the continuation of harassment;
(k)
Sustainably fund service providers for continuing service provision, training
and resource development;
(l)
Introduce inclusive, appropriate, gender-sensitive and lawful data practices
and ensure that information collected about violence targeted at certain genders is accurate,
useful for policymakers and published;
(m) Require privacy and data protection regulators and regulators in related areas
to regularly address, with civil society, the gender aspects of privacy in their work and to
publicly report on it;
(n)
Protect the personal data of gender-nonconforming individuals, such as
transgender and intersex persons, in court documentation, including by having decisions
revealing the personal data of transgender persons suppressed upon request, provided that
that does not compromise the integrity of judicial processes and proceedings;
(o)
Prohibit and criminalize the non-consensual distribution of intimate images in
digital and offline spaces, with legislation encompassing all elements of this type of abuse,
including by:
(i)
Not limiting the scope to current or former intimate partners or to binary
genders;
(ii)
Criminalizing the distribution or resharing of such images;
(iii) Protecting victims in images depicting sexual acts or sexual conduct, not just
nudity, and in so-called deep fakes;
(iv)
Making it illegal to threaten to disseminate non-consensual intimate images;
(v)
Enabling victims to request a court order to destroy harmful content, in
addition to an interim order for perpetrators to promptly cease circulating the material
pending the resolution of the legal case, in collaboration with Internet intermediaries;
(vi) Undertaking investigations in a timely and robust manner and enforcing
penalties for those convicted of such abuse;
(p)
Provide civil remedies and ensure that they and criminal prosecutions do not
entail violations of privacy and revictimization that provide disincentives to victims to seek
progress on such matters;
(q)
Take measures to protect persons in conflict-affected areas who are vulnerable
as a result of their gender from abuse of their right to privacy arising from sexual harassment
and gender-based violence by business enterprises.
M.
Digital technologies and online digital platforms
45.
States and non-State actors should:
(a)
Recognize that for some people their gender means they have a greater
dependency upon ICT to fully develop their social, educational and other capacities;
(b)
Ensure, regardless of gender, that:
(i)
Everyone has the right to access and use ICT, including the Internet, for private
communications and other positive uses;
(ii)
All necessary legislative, administrative, technical and other measures are
taken, in accordance with relevant international standards and human rights law, in
consultation with stakeholders, to prevent, remedy and eliminate online hate speech,
harassment and technology-related violence targeted by gender and that such efforts
ensure private sector accountability;
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