Cyber Harassment

What is cyber-harassment?

Cyber-harassment, also referred to as online harassment or online abuse, refers to a situation in which an individual or group is severely or pervasively targeted through harmful online behaviour that may be for either a short or extended duration, may be perpetrated by either an individual or coordinated by a group of people, and which is aimed at causing severe emotional distress or emotional harm.(1)

What forms does it take?

Cyber-harassment can occur in a variety of forms that specifically target women,(2) and might be considered an umbrella term for a range of other digital attacks, such as:(3)

• Cyberbullying, which is common among children and young adults and typically involves sending digital messages that are aimed at causing embarrassment or humiliation.(4)
• Non-consensual dissemination of intimate images (NCII),(5) which refers to the sharing or publication of images of a subject, whether obtained with or without consent, with the aim of causing them harm.(6) This will be discussed in further detail below.
• Online sexual harassment, which refers to exposing a subject to unwanted direct or indirect, verbal, or non-verbal content of a sexual nature, such as the unsolicited sending and or receiving of sexually explicit material that violates the dignity of a person and creates a hostile or humiliating environment.(7)
• Abusive comments, including, for example, abusing and/or shaming a woman for expressing views that are not normative, for disagreeing with people (often men), or for refusing sexual advances.
• Incitement of others to physical violence, including advocating for femicide and incitement to commit suicide.
• Hate speech, whether through social media posts or digital mail, which is targeted at one’s actual or presumed protected characteristics, such as gender, sexuality, or race, including the use of sexist or gendered name-calling.
• Online sexual exploitation which refers to the use of digital technologies to exploit or abuse a position of power over a victim for sexual purposes. It occurs in many forms including online grooming, live streaming of sexual abuse, child sexual abuse material (CSAM), online sex trafficking, online sexual coercion, and image-based sexual abuse. While these types of violations are not new, digital technologies have provided a platform through which perpetrators can reach wider audiences and derive illicit financial gain. This form of violence disproportionately affects women and children.

In addition to the above, a range of other terms have developed to describe the complex and varied ways in which harassment can take place and the tactics that are used on digital platforms. For example:

• Astroturfing: creating the false impression that coordinated activity is a widespread, spontaneous grassroots movement when it is actually controlled by a concealed group or organisation.(10)

• Concern trolling: offering undermining criticisms under the guise of concern with the aim of sabotaging the issue being discussed and causing dissent within a community.(11)

• Cyber-mob attacks: a large group gathering online to try to collectively shame, harass, threaten, or discredit a target.(12)

• Deep fakes: images convincingly altered or manipulated to misrepresent something having been done or said.(13)

• Hashtag poisoning: creating abusive hashtags or hijacking existing hashtags that are used to rally cyber mob attacks.(14)

• Cyberstalking: the utilisation of technology to surveil or track an individual’s online and offline activities, which may include monitoring locations, activities, and content (this can involve real-time tracking or historical monitoring of an individual’s behaviour).(15)

• Controlling devices, which involves accessing, using, or manipulating an individual’s electronic devices without their consent, whether in their presence or remotely, for instance, advancements in technology enable individuals to remotely control or manipulate the activation and deactivation of devices, adjust temperatures, and lock or unlock spaces.(16)

International law and standards

As discussed in Module 1, online violence against women journalists – including cyber-harassment implicates multiple cross-cutting rights protected in international law, including the rights of freedom of expression, equality and non-discrimination, and freedom from violence, among others. These rights of women journalists are bolstered by a range of international human rights instruments, including:

• The Universal Declaration of Human Rights (UDHR);
• The International Covenant on Civil and Political Rights (ICCPR);
• The International Covenant on Economic, Social and Cultural Rights (ICESCR);
• The International Convention on the Elimination of All Forms of Racial Discrimination (CERD);
• The Convention on the Elimination of All Forms of Discrimination against Women (CEDAW);
• The Convention against Torture and Other Cruel, Inhuman or Degrading Treatment (CAT); and
• The Convention on the Rights of Persons with Disabilities (CRPD).

The Council of Europe’s Istanbul Convention on Preventing and Combatting Violence against Women and Domestic Violence, although not directly relevant to Africa, provides a comprehensive definition of the types of violence against women, including online and ICT‑facilitated violence, and sets out useful guidance for states.(19)

Notably, however, Council of Europe Convention No. 185, known as the Budapest Convention, arguably the most influential global standard on cybercrime and one to which nine African countries have signed up,(20) does not explicitly address ICT-induced violence against women (while it does address the sexual exploitation of children online).

As with all human rights, women’s rights in this regard apply in full measure in online spaces,(21) arenas in which gender-based violence is not only perpetuated but also exacerbated in new and challenging forms. Several rights are implicated in the various forms of cyber‑harassment detailed above, such as the right not to be subject to discrimination, to privacy, to dignity, and freedom of expression.

National laws

Research into 48 African countries found:(22)

• 75% (36) of the countries have no cyber-harassment law;
• 19% (9) of the countries have a cyber-harassment law but it does not address sexual harassment; and
• Only 6% (3) have a cyber-harassment law that does address sexual harassment.

Regulation of these harms can be difficult due to several factors:

• First, cyber-harassment is often difficult to control online and can replicate and morph rapidly. This is further complicated by the fact that it often involves multiple offenders in different jurisdictions over platforms that provide anonymity to users.(23)

• Second, regulating cyber-harassment necessarily involves some form of limitation of the speech of perpetrator(s), and such limitations must meet the three-part test under international law.

• Third, the wide variety of forms of cyber-harassment can be difficult to define and its manifestation in online spaces can change rapidly as new technologies and uses develop over time, which makes defining offences difficult.

• Finally, enforcement of laws is challenging, often requiring extensive sensitisation of law enforcement officers and the judiciary as to the seriousness and impact of these crimes.