NAVIGATING TECHNOLOGY-FACILITATED GENDER-BASED VIOLENCE-By S’lindile Khumalo

If you have watched the popular, albeit slightly controversial Netflix show, Baby Reindeer, then you may have been deeply unsettled by the engagement between the protagonists, both in-person and online. Although the internet and emergent technology make our daily realities more convenient and vibrant, unfortunately, these tools also provide another realm for violence to be perpetrated, and more specifically, gender-based violence.

Technology-facilitated gender-based violence (TFGBV) can manifest in several ways including online harassment, doxing, gendered defamation, and the non-consensual dissemination of intimate images. The Association for Progressive Communications (APC) defines TFGBV as, “acts of gender-based violence that are committed, abetted or aggravated, in part or fully, by the use of information and communication technologies (ICTs), such as mobile phones, the internet, social media platforms, and e-mail.”

To illustrate the scale of the issue, global market and public opinion researchers, IPOS, have found that 59 percent of individuals surveyed from the Global South had experienced some degree of digital violence. Further, 25 percent felt that they had been targeted based on their gender identity. Unfortunately, there is a lack of precise data zooming into the issue in South Africa specifically. However, if you or a loved one have ever experienced gendered trolling or received unsolicited intimate images online, for example, then this counts as TFGBV.

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Who is most at risk??

Those most at risk of experiencing TFGBV include girls and women between the ages of 15 and 25, women of colour, LGBTQI+ persons,? women and girls with disabilities, and women who are public figures. Interestingly, in May 2024, the International Centre for Journalists published a report in May 2024 on the horrific experiences of women journalists working at The Daily Maverick between 2012 and 2024. The report shows that X (formerly Twitter) is frequently used in South Africa to harm journalists and that the attacks are often highly sexualised in nature. The report is a tough read, but it is useful and honest in the way in which it captures the nature of TFGBV. Below is a summary of what the law says with respect to digital violence.

What to do if this happens to you or someone you care about

There is significant work that is required to build capacity across our government branches, however, on paper, the South African legal system provides several channels of recourse for victims/survivors. Below is a brief overview of the legislation applicable to TFGBV.

The Cybercrimes Act broadly deals with cybercrimes and malicious communications. The Act criminalises the non-consensual disclosure of intimate images. Importantly, this includes both “real” or simulated images.

The Domestic Violence Act addresses violence within the specific context of domestic relationships. Domestic relationships are in which the victim/survivor and the perpetrator were married, lived with one another, share parental responsibility, are family members, are engaged, or are in a romantic or intimate relationship of any duration. Although the Act does not expressly mention violence perpetrated online, it arguably extends to this.

It is also useful to note the Protection from Harassment Act, which defines “harassment” as unreasonable conduct which inspires the belief in the complainant that they or a related person may be harmed (or that their property may be harmed). This may include repeated contact through electronic means, the disclosure of private or degrading content relating to the complainant through electronic means, or to cause the complainant to receive electronic communication which is abusive or degrading. ?Further, the Act enables anyone to apply for a court order stipulating that an electronic communications service provider must share the perpetrator’s details.?

The Film and Publications Amendment Act has to do with the regulation of certain films and publications, as its names suggests. The Act also prohibits the publication of any media, including media distributed through the internet and social media, which incites imminent violence or advocates for hate speech. It also prohibits the non-consensual distribution of private images and films of a sexual nature, if the distribution is intended to cause harm to a particular individual.

Survivors/victims may also consider seeking damages, a legal term for monetary compensation, ?to remedy the harm caused to them. To fully understand the process and prospects of recovering damages, it is important to consult with a legal practitioner.

Outside of legal options, one may engage with the platform on which the abuse was shared. Popular social media platforms like Facebook, Instagram, and X have processes in place to remove content that breaches their respective community guidelines.

Things to remember

Over the past few years, ample research has been done concerning rampant digital misogyny. Experiencing abuse online may be traumatic, despite contrary beliefs. In a world with complex, intersecting power dynamics, it is important to refrain from shaming, ridiculing, or devaluing the experiences of those who have encountered TFGBV. Additionally, TFGBV does not need to be ongoing for it to cause significant harm, nor does it need to occur on a widescale for it to be reportable to the police.

While there remains work to be done for us to fully understand TFGBV, its drivers, and effective solutions, we can support one another to explore the aforementioned redress channels and advocate for the internet to be a safe space for all.

To report TFGBV, please visit your nearest police station. To the extent possible, it may be useful to keep records of the abuse – for example, you can take screenshots of the relevant content. For further resources on GBV, both on- and offline, visit endgbv.africa and deconstruct.

Written by: S'lindile Khumalo

Navigating the Twenties Ms Zinhle Novazi Emma Reinecke

About the author S'lindile Khumalo : S’lindile Khumalo is a 20-something year old Admitted Attorney of the High Court. She is currently a Senior Associate at ALT Advisory, an African-rooted public interest advisory firm, and Power and Associates Inc., a public interest law firm. She is an intersectional feminist, working in constitutional and administrative law, equality, inclusion, and child law, and public international and regional law. S’li leads endgbv.africa, a special project by ALT Advisory. She completed her LLB (with distinction) at the University of the Witwatersrand and is currently reading for her LLM at the University of Pretoria’s Centre for Human Rights. To report TFGBV, please visit your nearest police station. To the extent possible, it may be useful to keep records of the abuse – for example, you can take screenshots of the relevant content. For further resources on GBV, both on- and offline, visit endgbv.africa and deconstruct.

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