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Alexandra Reeve Givens President & CEO at Center for Democracy & Technology | Official website

EU adopts directive addressing online gender-based violence

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The European Institute for Gender Equality first addressed online gender-based violence (OGBV) in 2017. Since then, the issue has gained attention, especially with more women political leaders becoming prominent. On the International Day for the Elimination of Violence against Women, it's important to review Europe's progress in combating OGBV and identify ongoing challenges.

The Center for Democracy & Technology (CDT) has researched OGBV, focusing on women of color political candidates and evaluating EU frameworks addressing this harm. The rise of OGBV is linked to digital authoritarianism as anti-democratic states exploit anti-feminist narratives to oppress marginalized groups.

Authorities need to increase public understanding of how digital authoritarianism, democratic regression, and anti-feminism are interconnected when developing new standards. With digital policy high on the legislative agenda, a reflection on existing frameworks is necessary amid a new European mandate.

On May 14, 2024, EU lawmakers adopted a Directive to combat violence against women and domestic violence. This law sets minimum standards for criminalizing certain forms of gender-based violence, including OGBV. CDT Europe welcomed this move after years of advocacy by women's rights groups.

The Directive criminalizes physical assault as well as psychological, economic, and sexual violence against women across the EU. It recognizes online GBV forms like non-consensual image sharing and cyberstalking as violence against women. However, concerns exist about vague definitions leading to disproportionate enforcement and alignment with international human rights standards.

Beyond the Directive, the Digital Services Act (DSA) includes obligations for assessing OGBV risks annually. A proposed Code of Conduct under the DSA will be developed soon with CDT Europe aiming to contribute.

Member States have until June 14, 2027, to incorporate the Directive into national laws through National Action Plans outlining priorities and resources. Concerns from UN Special Rapporteur Reem Alsalem highlight gaps such as insufficient stakeholder consultation and funding issues.

While comprehensive frameworks exist in the Directive and DSA, they face challenges like vaguely defined crimes and lack of public scrutiny in risk assessments. These should align with other laws targeting abuses like those from Artificial Intelligence where deep fake videos predominantly target women or girls.

Tech companies are urged to protect users from abuse while respecting free expression through stronger moderation systems. Algorithms amplifying misogynistic content must be addressed by holding platforms accountable under international human rights frameworks.

CDT Europe supported an open letter leading some porn platforms being designated "very large online platforms" (VLOPs), requiring stricter compliance under DSA due diligence rules despite resistance from these platforms.

Commissioner-designate Hadja Lahbib emphasized tackling online violence during her European Parliament hearing in November 2024 by implementing existing legislation like DSA alongside creating a code of conduct for online platforms balancing GDPR respect with unmasking offenders.

Henna Virkkunen also supports enforcing DSA citing ongoing investigations but raises concerns over proposals potentially impacting individuals' digital rights given her portfolio's scope prioritizing business-friendly environments for innovation over digital rights protection.

Legislation alone won't change cultural phenomena like sexism; effective implementation requires intersectional approaches involving civil society engagement determining success against gender-based violence amid evolving digital landscapes needing adaptive processes soonest possible tackling broader societal issues intertwined within it towards true gender parity advancement collectively working together towards it collaboratively achieved finally accomplished eventually realized ultimately attained someday hopefully anticipated awaited expected desired longed-for aspired sought-after pursued strived-for endeavored attempted aimed-at worked-towards reached-accomplished obtained-gained-attained-achieved-realized-finally-ultimately-someday-hopefully-eventually-awaited-anticipated-desired-longed-for-aspired-sought-after-pursued-strived-for-end

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