Call for laws requiring witnesses to report online violence

The Commonwealth is pushing for countries to adopt laws requiring bystanders to report online violence against women and girls.

This follows a new survey by the Commonwealth Secretariat that revealed laws in many Pacific countries do not require witnesses of online abuse to report it to the authorities. The survey found that the existing safety laws in these countries tend to focus on direct perpetrators and ignore the damaging role played by bystanders.

It investigated the role and culpability of bystanders as co-perpetrators who participate in violent acts against women and girls in cyberspace.

Commonwealth Secretary-General Patricia Scotland said the report sends a clear message that online violence against women and girls is a pervasively global issue that must not be ignored.

She noted that violence often happens with the tacit knowledge of others, and evidence shows that when bystanders intervene, it can make a positive difference.

Also read: Online violence drives women journalists into post-traumatic stress disorder

“We need a new culture, where violence is no longer tolerated and is called out and reported to ensure the Internet becomes a safer space for women and girls. Regulations that persuade bystanders to take proactive steps to report incidents of online harm will be an important tool in instilling that culture,” said Ms Scotland.

Legal gaps

The report reveals that laws in many Pacific countries do not require witnesses of online abuse to report it to the authorities. It has also analysed the rationale behind such legislation, as well as guidance on navigating the challenges in its creation and the complexities in its enforcement, given the often anonymous and transnational nature of online abuse and its enablers.

To deal with the vice that continues to put millions of women and girls at risk, Ms Scotland called on countries to enact legislation or amend existing statutes to legally require bystanders to take lawful action to combat such abuse.

Also read: UN agency launches campaign against online violence

The report calls for a multi-faceted approach to ending online abuse against women and girls, including mandating companies to police their sites and incorporate safety features, including encouraging their users to report abuse to the authorities.

It also challenges governments to systematically engage companies, including social media platforms, messaging services and file hosting platforms, and enforce stringent measures to ensure firms proactively tackle illegal activity on their services, both on the part of perpetrators and bystanders.

The report was released at a conference, hosted by the Commonwealth Secretariat in Papua New Guinea’s capital Port Moresby.

Also read: How Kenya’s lax laws promote sexual abuse of minors online

The Head of the Commonwealth Secretariat’s Rule of Law Section, Dr Tawanda Hondora, highlighted that devastating ransomware attacks against judges and justice systems are on the rise globally, including in the Pacific region.

“The Commonwealth continues to support its member countries in the Pacific region in strengthening their anti-cybercrime frameworks. There is a need to discuss how to deal with cybercrime in the region and identify practical solutions as well as multilateral mechanisms to address this issue in the region,” said Dr Hondora.

Chief Justice of Papua New Guinea, observed that cyber security concerns and issues affect every sector of the society.

“Conferences like this help us to come together as Pacific Islanders and share knowledge and network while improving our competency to do our jobs better in our roles within various jurisdictions.

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