A/HRC/38/47
acceded to all core human rights treaties. This creates multiple barriers to access to justice
for women victims and a sense of impunity for perpetrators.
80.
Some States have updated their existing legal frameworks to address online violence
against women. The legal instruments most frequently used in this regard are cybercrime
laws, criminal laws, laws on domestic violence and violence against women, hate speech
laws and laws on data protection and privacy.
81.
In some legal contexts, current laws may be sufficiently broad and flexible to be
applied to some forms of online violence, but this may not be the case everywhere. Where
there is no specialized law, victims are compelled to sue perpetrators through a patchwork
of related crimes that may not be adequate; for instance, some victims have brought claims
under laws relating to the protection of privacy or to defamation. In cases where gaps in
criminal laws exist, victims have attempted to seek recourse through civil means, but this
does not adequately address their rights to justice and remedy, and contributes to continuing
impunity.
82.
In many States, the non-consensual online dissemination of intimate or sexually
explicit images of an adult person, even if identifying information is included with the
image, is not per se illegal. In States where such acts are not criminalized, prosecutors are
limited to charging perpetrators with other crimes, such as stalking, harassment, unlawful
surveillance or the dissemination of child pornography. Without criminalization, victims
cannot protect their human rights to privacy and dignity. Even where criminal laws
specifically criminalize the non-consensual distribution of sexually explicit images, many
such laws have shortcomings; for example, many criminal laws require evidence of the
intent to cause harm or emotional distress to the victim, which may be difficult to prove,
making convictions harder to achieve. Moreover, many laws currently in place do not
address threats to release a certain image or video.
83.
Some States have enacted specific laws to address online stalking, online harassment
and the non-consensual sharing of intimate images, while others have applied other
domestic laws to address these crimes. There is an example of a State classifying the nonconsensual dissemination of sexual images as an aggravating circumstance in domestic
violence-related offences, which allowed for penalties for convictions on charges of
domestic assault, stalking or violations of a restraining order. Other States have developed
legislation on ICT-related offences, such as the unauthorized modification of or access to
data and communications.
84.
Other States have also expanded the application of family violence protection orders
issued by courts to cases of non-consensual distribution of intimate images and
cyberstalking. In other cases, victims subjected to online bullying have been given the
opportunity to request the court to issue a protection order against an individual. Some
States also require electronic service providers to assist courts in the identification of
individuals responsible for cyberbullying, which allows victims to sue perpetrators for
damages.
85.
Even when a specialized legal framework is in place, legal and regulatory
mechanisms, including law enforcement officials, are not always trained or equipped to
implement it effectively owing to the lack of adequate gender-sensitive training and the
general perception that online abuse is not a serious crime.
5.
Civil society-led initiatives
86.
Certain non-governmental organization-led initiatives, such as specialized helplines,
have been organized with a view to providing support to women and girls who have been
subjected to online gender-based violence. One example is the Access Now Digital Security
Helpline, 48 which helps women at risk to improve their digital security practices and
provides rapid-response emergency assistance for women already under attack. The service,
which is available 24 hours a day, seven days a week in eight languages, aims to respond to
all requests it receives within two hours. Another example is the Digital Rights
48
See www.accessnow.org/help/.
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