{"id":1014,"date":"2022-09-21T19:06:59","date_gmt":"2022-09-21T18:06:59","guid":{"rendered":"https:\/\/www.mediadefence.org\/ereader\/?post_type=publication&p=1014"},"modified":"2022-09-22T11:23:31","modified_gmt":"2022-09-22T10:23:31","slug":"gender-based-violence","status":"publish","type":"publication","link":"https:\/\/www.mediadefence.org\/ereader\/publications\/modules-on-litigating-freedom-of-expression-and-digital-rights-in-south-and-southeast-asia\/module-10-violence-against-journalists\/gender-based-violence\/","title":{"rendered":"Gender-based Violence"},"content":{"rendered":"\n

The Committee on the Elimination of Discrimination against Women defines gender-based violence to include that \u201cwhich is directed against a woman because she is a woman or that affects women disproportionately\u201d.[footnote]Committee on the Elimination of Discrimination against Women, \u2018General Recommendation No. 35 on gender-based violence against women\u2019 (2017), CEDAW\/C\/GC\/35, para. 1.[\/footnote] States have an obligation to avoid perpetrating such violence themselves, but must also take \u201call appropriate measures to prevent, as well as to investigate, prosecute, punish and provide reparations for, acts or omissions by non-State actors that result in gender-based violence against women\u201d.[footnote]Id.<\/em> atpara. 24.[\/footnote] Violence against female journalists on account of their work is, like all such forms of violence, an attack on freedom of expression.<\/p>\n\n\n\n

Accordingly, States are obliged to address violence against female journalists not only under their obligations to protect freedom of expression but also as part of their obligations to address discrimination against women. United Nations bodies, including the Human Rights Council, Security Council and the General Assembly, have issued resolutions strongly condemning attacks on female journalists.[footnote]For a comprehensive list, see https:\/\/en.unesco.org\/themes\/safety-journalists\/women-journalists\/UN-resolutions-and-reports<\/a>.[\/footnote] For example, the Human Rights Council:<\/p>\n\n\n\n

\u201c[C]ondemns unequivocally<\/em> the specific attacks on women journalists and media workers in relation to their work, such as gender-based discrimination, including sexual and gender-based violence, threats, intimidation and harassment, online and offline\u201d[footnote]Human Rights Council, \u2018Resolution 45\/18\u2019 (2020), A\/HRC\/RES\/45\/18 at para. 2.[\/footnote]<\/p><\/blockquote>\n\n\n\n

In practice, however, female journalists continue to experience gender-based violence in the course of their work. Women represent a small portion of the journalists who are killed while pursuing journalistic work. However, female journalists are disproportionally likely to experience gender-based violence.[footnote]Report of the Special Rapporteur on violence against women, \u2018Combating violence against women journalists\u2019 (2020), A\/HRC\/44\/52 at para. 17.[\/footnote] Sexual violence, sexual harassment, online harassment, rape and the threat of rape are all tools used to intimidate female journalists and discourage their work. Such acts are underreported, due to cultural stigmas or fear of retaliation in the workplace.[footnote]Id. <\/em>atparas. 23-31.[\/footnote] Other types of sexist harassment or threats can also have serious consequences. One global survey of female journalists found that 37% avoided reporting on certain topics because of attacks or harassment they had experienced.[footnote]Michelle Ferrier, Attacks and Harassment: The Impact on Female Journalists and Their Reporting<\/em>, International Women\u2019s Media Foundation and Trollbusters (2018), p. 44 (accessible at: https:\/\/www.iwmf.org\/wp-content\/uploads\/2018\/09\/Attacks-and-Harassment.pdf<\/a>).[\/footnote]<\/p>\n\n\n\n

Female journalists are also much more likely to experience certain forms of online violence.[footnote]Report of the Special Rapporteur on freedom of expression (2021), A\/76\/258 at para. 45.[\/footnote] A major 2020 UNESCO report on the topic found that 73% of female journalists who responded had experienced online violence. 42% were targeted with reputational threats, 25% received threats of physical violence, 18% were threatened with sexual violence, and 13% received threats directed at persons close to them.[footnote]Julie Posetti, Protecting Journalism Sources in the Digital Age<\/em>, UNESCO (2017), p. 5 (accessible at: https:\/\/unesdoc.unesco.org\/ark:\/48223\/pf0000248054<\/a>).[\/footnote] For 12% of respondents, the effects of online violence were so serious that they sought medical or psychological help.[footnote]Id <\/em>at p. 6.[\/footnote] Some forms of online attacks are particularly gendered, such as the non-consensual sharing of intimate images, harassment via misogynistic or sexualised content, or the use of \u201cdeepfake\u201d videos (videos which appear to portray someone but in fact are fake and yet this is very to detect) to harm the reputation of female journalists.[footnote]Report of the Secretary-General, \u2018Safety of Journalists and the Issue of Impunity\u2019 (2021), A\/76\/285, para. 9; and Report of the Special Rapporteur on violence against women, \u2018Combating violence against women journalists\u2019, 6 May 2020, A\/HRC\/44\/52 at paras. 41-42[\/footnote]<\/p>\n\n\n\n

Given the distinctive harms experienced by female journalists, as well as cultural and social factors which may impact their experience of violence, measures taken to address journalist safety must take a gender sensitive approach.[footnote]Report of the Special Rapporteur on freedom of expression, A\/HRC\/20\/17 (2012) at para. 52.[\/footnote] For example:<\/p>\n\n\n\n