National and international laws are failing to protect women and girls from online sexual exploitation and abuse
Ending Online Sexual Exploitation and Abuse of Women and Girls: A Call for International Standards is a ground-breaking new report by international women’s rights organization Equality Now
Online sexual exploitation and abuse (OSEA) of women and girls is increasing at an alarming rate across Africa and globally, but national and international laws are failing to effectively address the challenge because they are not keeping pace with advancing technology. The current patchwork of laws don’t give adequate protection, and regulations on digital service providers and platforms are inconsistent, meaning not enough is being done to keep people safe online, finds a new report examining OSEA laws globally.
Ending Online Sexual Exploitation and Abuse of Women and Girls: A Call for International Standards (https://bit.ly/3wQxfL9) is a ground-breaking new report by international women’s rights organization Equality Now (https://bit.ly/3wKbvAJ), produced with legal research assistance from TrustLaw (https://tmsnrt.rs/30yf557), the Thomson Reuters Foundation’s global pro bono service.
In light of mounting calls for greater regulation of social media platforms, this timely research gives a global overview of laws surrounding OSEA at the international and regional level, and scrutinizes national laws in Kenya and Nigeria - two countries at the forefront of internet uptake in Africa, especially among young people - alongside India the USA, and UK (England and Wales). Gaps in laws and protections are identified and recommendations provided for the international community, governments, and digital service providers and platforms.
The onset of the COVID-19 pandemic, coupled with the global expansion of inexpensive, high-speed internet and increased access to smartphones, tablets and laptops, has resulted in an unprecedented number of people going online, and for longer time periods.
Internet penetration continues to rise across Africa. Around half of Nigeria’s population is now online, and Kenya recorded the highest internet penetration rate in Africa in 2020, making laws in both countries particularly important in protecting users against OSEA.
With ready access to the internet, Kenya and Nigeria have become hubs for human trafficking, with camera-ready technology and online anonymity making it easier to locate, groom, and sexually exploit women and girls with impunity. New forms of OSEA are emerging across Africa, including online grooming, live streaming of OSEA, image-based sexual abuse, and sexual extortion and coercion.
Predators are increasingly using social media and online gaming platforms to target potential victims because these platforms offer anonymity and operate under very limited regulation.
Women and girls are particularly vulnerable as offenders take advantage of sex, gender, and structural discrimination. The true scale of the problem is unknown because many cases go unreported due to stigma, victim-blaming, fear of retribution from perpetrators, and low confidence in criminal justice systems. This underreporting makes it harder for governments in Africa to develop and implement effective interventions because they lack accurate country data on the scale and nature of OSEA.
Challenges highlighted in the report include:
OSEA requires coordinated responses from the international community
Given that the internet is borderless and OSEA is global, gendered, and multi-dimensional, a global legal framework to address OSEA is required to provide standard definitions and laws for adoption, both internationally and nationally. National efforts, including laws, must be supported by strong interconnected international efforts.
In Africa, the Maputo Protocol, which Kenya and Nigeria have ratified, makes reference to some aspects of OSEA by setting out an obligation for States Parties to take “effective legislative and administrative measures to prevent the exploitation and abuse of women in advertising and pornography.”
While countries like Kenya and Nigeria have some OSEA laws in place, a lack of consistent legislation and internationally adopted laws make obtaining legal recourse for victims extremely challenging.
To holistically address OSEA, the report calls for the following:
Digital service providers:
Tsitsi Matekaire, Global Lead for Equality Now's End Sexual Exploitation program and a lead author on the report, explains: “Online sexual exploitation and abuse is harming women and girls in every country and is growing at an alarming rate. To tackle ongoing advances in technology and cybercrime in the digital age, there is an urgent need to update national, regional and international laws to protect all at risk and punish offenders, regardless of where they are."
“We need comprehensive laws that hold digital service providers legally accountable for sexual abuse and exploitation on their platforms. Governments must also ensure law enforcement agencies have enough expertise and resources to investigate and prosecute alleged crimes effectively.”
Carolina Henriquez- Schmitz, Director of TrustLaw, says: “Online sexual exploitation and abuse is a pressing global human rights issue in a rapidly changing digital world. TrustLaw, the Thomson Reuters Foundation's global pro bono service, is proud to have worked with Equality Now to facilitate the pro bono legal research provided by our law firm members which led to the development of this important report.”
Courtesy: Equality Now.