The World Wide Web: Unmasking the Ongoing Inaction Against Online Gender-Based Violence in Europe
Over the last decade, our global society has witnessed rapid technological advancements, a transformative force that has extended its influence into nearly all facets of our personal and professional lives. However, as technology has grown more interconnected, it brings forth new forms of danger, exploitation, and abuse. Particularly vulnerable to these challenges are underserved communities, including women, girls, and other marginalized genders, whose situations are compounded by additional intersectional factors.
According to a survey conducted by the Economist Intelligence Unit, 38% of women have faced an instance of online gender-based violence (OGBV), with an alarming 85% having witnessed digital violence against other women. 62% of survey respondents stated that women are contending with a sense of helplessness due to perceived inadequacies in the efforts made to address OGBV.
This ever-expanding environment clearly necessitates the prompt curation of new and innovative legal protections. Yet, the apparent absence of substantial and effective initiatives by the EU Commission and relevant governing bodies begs the question: why is there a persistent failure to address online gender-based violence at the EU policy level? And, what message does this convey to women regarding the prioritization of their safety in digital spaces?
The EU’s most recent draft of the Proposed Directive Combating Violence Against Women and Domestic Violence 2022/23 provides clear definitions in regards to specific technology-facilitated forms of violence. Yet, despite offenses like the non-consensual sharing of explicit images being criminalized, the EU once again outsources its illegality to the external platform in question, who are, however, not obliged to remove the uploaded content or track down perpetrators.
Article 17 of the EU’s General Data Protection Regulation (GDPR) 2018 introduces a “right to erasure”, potentially applicable to instances involving the non-consensual sharing of explicit images. However, it does not offer a precise definition of “erasure” which leaves the process without clear guidelines for victims. It also places onus on the user to track down their private images, reach out to individual data controllers, and convince platforms to take action on the flagged material. The procedure can be lengthy and expensive, with a successful outcome largely dependent on the website’s willingness to cooperate. However, there is minimal incentive for adult platforms, in particular, to remove non-consensual or deepfake imagery since the materials serve as a source of monetisation.
It was expected that proposed Article 24(b) of the Digital Services Act (DSA) 2022/23 would introduce new regulations requiring users of adult platforms “who disseminate content [to] verify themselves through a double opt-in email and cell phone registration”. This was designed to address issues of anonymity, which is frequently weaponised for online abuse.
The article would have compelled companies operating adult platforms to implement “professional human content moderation, [and] training to identify image-based sexual abuse”, and require them to remove content flagged by victims “without undue delay.”
Ultimately, it was not adopted, as Parliament prioritized other matters, such as exceptions for small and medium-size enterprises and consumer protections. Even if approved, the EU’s failure to consult sex workers on proposed amendments to the DSA underscored a significant disregard for the data privacy and safety of the community. As such, the heightened risk associated with the removal of the worker’s anonymity was not adequately considered.
Although the final draft of the EU Artificial Intelligence Act has yet to be published, and while it presents intricate definitions for various AI systems, the act only references girls and women twice. There are few mechanisms aimed at safeguarding marginalized genders or broader communities, with a notable lack in the incorporation of a victim-centric or intersectional approach.
Progress is being made, as shown by Ireland’s Harassment, Harmful Communications and Related Offences Act 2020, and the establishment of Belgium’s Institute for the Equality of Women and Men (EIFH), which extends support to victims of “revenge pornography”, providing them with confidential advice and/or helping them to take legal action.
Yet, a distinct lack of consensus exists among EU countries regarding the regulation of online violence. This has resulted in a deficiency of harmonized legal definitions, limited data accessibility, significant underreporting, and varying degrees of protection for girls and women. In cases where protections are in place, there is often a failure to fulfill legislative obligations at both the government and local levels. More critically, adopting a gendered approach is a frequent afterthought. Limited consideration is given to social structures, and there is a failure to recognise and accommodate the specific risks and biases experienced by marginalized communities. Processes and procedures must be tailored to unique needs, rather than being encompassed by broad, one-size-fits-all policies.
In response, dedicated laws addressing OGBV must be enacted, incorporating a trauma-informed approach. Specialized mechanisms need to be established, with trained and skilled personnel equipped to confront and eliminate instances of online violence. However, the mere criminalisation of online violence may not provide the remedy required by survivors. It is evident that women’s access to justice should involve a combination of civil, administrative and criminal processes, aiming to support and guide survivors rather than placing the entire burden of responsibility on them.
At Politics4Her, we believe that girls and women deserve to feel safe in digital spaces, where they can freely express themselves. We urge the EU Commission and all relevant governing bodies to allocate increased resources and funding while formulating resilient strategies in response to technological progress. It is essential that marginalized communities, those bearing the brunt of these advancements, are not only part of the discourse but play an integral role in shaping it. Existing and forthcoming legislation should be scrutinized through a gendered lens, ensuring that it reflects a comprehensive understanding of the diverse impacts on girls and women. Politics4Her champions the conviction that this inclusive approach will pave the way for a digital landscape where everyone, regardless of gender, feels empowered and secure.
