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LIBEL AND HUMILIATION

Bad language, swearing and use of a disrespectful tone that degrade personal dignity, reputation and/or status in society. Pictures, videos, memes and gifs can also be utilised to inflict humiliation/shame. 

Everyone has different tolerance levels and the line between libel and criticism is often blurred.  Public figures, especially politicians who represent the general public,  must  display a higher level of tolerance of criticism. On the other hand, journalists, and human rights’ defenders, have the right to shock, disturb and even offend members of and the public at large, when carrying out their professional duties and in the public’s interest.

Female journalists, activists and women politicians are more likely to be targets of libel and humiliation than their male counterparts.  Offense based on gender identity or presentation is a silencing mechanism, and has been recognized as a form of gender-based violence and, as such, publicly condemned. https://twitter.com/UNESCO/status/1140888153928196096

If you are targeted with any type of digital violence, we urge you to seek support from your support networks that understand you and your feelings. Take time away from spaces where you’re experiencing the harassment, and ask people you trust to check on your accounts, emails and update you about the status of attack, or help you document the abuse.

If you are a  female journalist, there is  an initiative “Female Journalists against violence”, which offers support and help rooted in the empathy, trust and mutual learning.

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REVENGE PORN

Revenge porn is defined as posting sexually explicit content without consent, with the intent of humiliation, shame or blackmail. Revenge porn is a violation of  privacy and can result in extreme emotional trauma. 
 

Even if the content was consensually created, consent must also explicitly be given for online posting or distribution. 

Regardless of the medium (video recording, pictures, or gif) - the act of posting non-consensual content alone can be considered revenge porn as a person targeted with online abuse is in no way to blame: there is no excuse for violence. If you are targeted with any type of digital violence, we urge you to seek support from your support networks - primarily friends, family, that can understand you and your feelings. Take time away from spaces where you’re experiencing the harassment, and ask people you trust to check on your accounts, emails and update you about the status of attack, or help you collect digital evidence  .

A journalist from Azerbaijan was secretly filmed engaging in sexual intercouse in her own home. This video was later leaked to the media and widely posted online. The European Court of Human Rights later determined that the journalist’s right to privacy and freedom of expression were violated. It was the first case of its kind that clearly established a link between privacy and freedom of expression.

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AI VIDEO MANIPULATION (DEEP FAKES)

Hyper-realistic software-manipulated video or audio content, falsely depicting the target’s behavior or speech with the goal of damaging the target’s reputation, degradation of dignity.

Development of Artificial Intelligence (AI) has enabled manipulation that can perfectly mimic reality. This has serious and terrifying implications for the future of fake news and disinformation, as fake content will be more and more difficult to identify.
 

Among other consequences, the spread of fake news has undermined public trust in professional journalism, and it remains to be seen how the media and broader society will cope with  hyper-realistic disinformation. 

https://www.forbes.com/sites/chenxiwang/2019/11/01/deepfakes-revenge-porn-and-the-impact-on-women/?sh=45ed6ff1f53f

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IDENTITY MANIPULATION

Identity manipulation or misuse of personal data is a serious threat with potentially far-reaching consequences.

There are different forms of identity manipulation and fraud utilising unlawful collection of data, including data leaking, and database hacks, and information dumps, for example. 

The most common reasons for identity manipulation include theft, misrepresentation and cover-up of criminal activity.

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HATE SPEECH

Verbal assaults based on race, religion, ethnicity, sexual orientation and gender identity, or political and union affiliation or other identities or characteristics such as age or economic status can be described as hate speech. 
 

Legally, to qualify as hate speech, speech must be proven to target certain protected groups or identities. Online, however, hate speech goes beyond these protected categories, to target multiple groups or identities simultaneously, compounding the effects on already marginalized groups.  An intersectional approach is therefore crucial, to understand the structural and all-encompassing effects of hate speech.

All journalists and media workers can report violence to an official Journalists’ Association, even if they aren’t members. These associations can provide information and advice on how to file criminal charges, and other suggestions for dealing with and overcoming online harassment. Even if you decide not to report the crime to the police, consider informing the Journalists Association or relevant CSOs about the incident. This information is valuable for them to learn more about online violence, and to later use this data for advocacy purposes and, ideally, change. Associations often have resources and services, including mental health support or legal counseling that smaller media organizations or freelance journalists can’t easily access. Several CSOs have developed expertise after years of work combating online violence, and can offer valuable information and assistance.

For some who have been targeted with online violence, instead of moving away from online participation, they chose to respond with more speech and more engagement. Speaking openly about an experience of online abuse (in addition to utilizing institutional or alternative mechanisms of protection), can be helpful for several reasons. Naming and shaming your abuser and exposing them to public scrutiny can also be a mechanism of protection, helping you regain a sense of control and empowerment in helping others in similar experiences, and raises public awareness about digital violence. As the broader public learns the extent and scope of online abuse, they will recognize its negative effects on society and, hopefully, demand a response from State officials. If you chose this path, try to focus on sharing your experience and the personal and community impacts of an assault.

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FALSE ACCUSATIONS

As a result of structural power inequality, false accusations, even if proven false, have the potential to inflict serious and lasting reputational damage on the accused. 
 

False accusations may be seen as a form of pressure on one’s freedom of expression, but if accusations are intentionally orchestrated and persistent, they can also distort public opinion and debate while stigmatizing and silencing the target of the false accusations.  
 

If you are a female journalist, there is an initiative “Female Journalists against violence”, which offers support and help rooted in the empathy, trust and mutual learning.

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GOOGLE BOMBING

Intentional optimization of inaccurate and malicious information on internet search engines (i.e. Google), with the objective of causing damage to the target’s dignity and reputation.

 

Search result indexing can be manipulated using large-scale, coordinated search requests containing inaccurate or malicious information. These search requests and results are up-ranked so that they are the first visible option when the target is searched.  
 

The wife of a former German President filed charges against Google in 2012, claiming the company’s search algorithm resulted in the broad dissemination of  information about her past as a sex worker.

 

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DOXXING

Publicly disclosing personal information about a target, such as home address, familial status, bank and credit card details, date of birth etc. This information can be posted on one or many different platforms, in comment sections, or via video or text. 

The infraction of doxxing does not require that the published information be utilized with consequence to the target. The simple act of making sensitive information - the spread of which could have repercussions on the person whose information has been published -public, sends a clear message of intimidation and harassment. 

It is important to report online violence to social media platforms as there is  always the chance that the data is removed and/or the perpetrator blocked  . It is important to report abusive content as a method of documentation and evidence for police investigations and court cases - and there is always the chance that the content is removed and/or the perpetrator blocked. If needed, ask family and friends to take over reporting and communication with the platforms.

The most important thing is to take care of yourself, and acknowledge your feelings, even if it means allowing yourself a few days to lie in bed under the blankets, doing nothing.

There is always the option of abstaining from social media for a certain period of time, but given our reliance on these platforms, this is a strategy that is much easier said than done. Try instead to limit the time you spend on these platforms and interact with people you trust in closed group settings.

If you are a female journalist, there is an initiative “Female Journalists against violence”, which offers support and help rooted in the empathy, trust and mutual learning.

Check aslo OnLine SoS to learn more about additional means of protection.

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LIBEL AND HUMILIATION

Bad language, swearing and use of a disrespectful tone that degrade personal dignity, reputation and/or status in society. Pictures, videos, memes and gifs can also be utilised to inflict humiliation/shame. 

Criminal charges detailing the assault, and any evidence (hard copy) must be officially filed with the police, referencing the criminal offense - in this case art. 170 of the Criminal Code. Note that the entire procedure as well as identification of the perpetrator is the responsibility of the filing party, given the designation of this criminal charge as a private offence. 

ADVICE: try not to respond to the statements/acts of libel and humiliation, as these responses could ultimately be used against you in court. 

Also, thoroughly assess the situation before initiating a court procedure, to ensure a bad joke or harsh criticism is not being claimed as offence. If the court makes this determination, the outcome can be negative for the filing party. 

If the identity of the perpetrator is known to you, you have the option of claiming damages before a civil court, although police support cannot be relied upon in this type of proceeding. A civil case can be initiated via lawsuit, and if the court finds in your favor, it results in monetary settlement.

Assessment of risk is a useful way to evaluate a potential offence - when it happened, why and from whom? For example, if you post an article on a sensitive societal issue, this tool can help with risk management, to evaluate  which groups or individuals may react negatively. It is important not to internalize  or normalize these types of offences. 

Choose a response that will help you feel safe and decrease the possibility of further harm, document  (or ask family and friends to) all acts of libel/humiliation, and learn more about digital safety, mechanisms for semi-functional protection on social media platforms.

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REVENGE PORN

Revenge porn is defined as posting sexually explicit content without consent, with the intent of humiliation, shame or blackmail. Revenge porn is a violation of  privacy and can result in extreme emotional trauma. 

Revenge porn is a serious form of assault, and as such, it is crucial that instances are reported to the police and the public prosecutor. There are several criminal acts that can be used as a legal basis to prosecute the posting of revenge porn. 

Sexual harassment (art. 182b of the Criminal Code):  filing a motion for the initiation of proceedings is a precondition to start the procedure. This means that you must inform the police and the public prosecutor - a standard procedure - as well as file a motion to initiate the proceedings. 

ADVICE: File the motion. The courts are a crucial component of protection against revenge porn.

Unauthorised wiretapping and recording (art.143 of the Criminal Code ), unauthorised taking of photos (art. 144), unauthorised publishing and presentation of another’s texts, portraits, and recordings (art.145 of the Criminal Code ), are other charges that refer to illegal recordings, and could be utilized to prosecute cases in which video was made without consent, even if it was not posted online.  These procedures carry private criminal charges, which means that you, the filing party,  must present the identity of the perpetrator, and as many details and as much evidence as you can (for example, where the recordings are stored, where the camera could have been placed during the recording, etc.). 

Your physical safety is the highest priority when it comes to protection.

If your harasser intentionally positions themself in your physical vicinity, you can request a court issued emergency restraining order. 

Document any and all recordings, comments, threats and other forms of harassment as crucial evidence for initiating protection mechanisms and/or court proceedings.

Seek support from CSOs, women’s support networks, and others who can help you choose the best way to protect yourself. 

Report any and all recordings, comments, threats and other forms of harassment to the platforms where they have been posted, and find out more about take down procedures on  Facebook and other platforms. 

And don’t forget, even if you originally gave your consent to be filmed, this does not imply consent for sharing that content. You are not to blame for being targeted with this type of assault.

 If you ever feel that the online violence you’re experiencing, might transition into the physical world, call the police → immediately. 

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AI VIDEO MANIPULATION (DEEP FAKES)

Hyper-realistic software-manipulated video or audio content, falsely depicting the target’s behavior or speech with the goal of damaging the target’s reputation and/or degradation of dignity.
 

You can claim damages via civil legal procedures if a manipulated video or photo:

causes you harm, has been made for defamatory purposes, or has resulted in financial loss (if your biometric data or voice is manipulated for the purposes of fraud, for example). 

If you have suffered a financial loss because of deep fake or video manipulation, you can utilize civil legal procedures to recover losses. In the case of causing great offense or other form of non-pecuniary damage (to reputation, or psychological harm, for example), you can file a civil law procedure to win compensation. In both cases, you, the filing party, are responsible for providing the identity of the perpetrator.

This type of content is so insidious in that it is difficult to identify (the Director of Facebook is one such example). Some of the clear signs of deep fakes are mechanical/unnatural movements, static eye position (no blinking), and inconsistent movement of the lips while talking. Your risk of being targeted with this type of content decreases the more aware you are of your digital footprint, and by limiting circulation of your biometric data, including photos, video and audio recordings. 


 

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HATE SPEECH

Verbal assaults based on race, religion, ethnicity, sexual orientation and gender identity, or political and union affiliation or other identities or characteristics such as age or economic status can be described as hate speech.

Although there is no legally accepted definition of hate speech, the Criminal Code offers several mechanisms of protection. Under art. 317 (Instigating National, Racial and Religious Hatred and Intolerance) of the Criminal Code any and all speech negatively targeting people from certain backgrounds is prohibited. Art. 387 of the Criminal Code prohibts discrimination based, not only on race, but also on skin color, religous, national, or ethnic background, and personal characteristics and affiliations. 

This article also bans the publication of texts and material that propagates discrimiantion, conspiracy, and violence against individuals or groups belonging to these protected categories.  

Hate speech is also forbidden under the media law, and members of the media and media organizations can be penalized for hate speech in civil court proceedings. 

ADVICE: File charges and request the police and prosecutor initiate an investigation.

In addition to documentation , you can also report hate speech to the platform, as all explicitly forbid it in their terms of service. 

If hate speech is published online - on a website or media platform - you can request, via email or directly via the platform, removal of this content. 

Also, the Commissioner for the Protection of Equality can initiate a civil legal procedure investigation into the content. Initiated via written request, the Commissioner has 90 days to investigate and take a decision to respond to posted hate speech. Responses can include an apology, publication of an opinion, or a cease and desist order related to the hate speech.

 

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IDENTITY MANIPULATION

Identity manipulation or misuse of personal data is a serious threat with potentially far-reaching consequences. Whether the target is a person whose personal data has been misused, or someone else, the damage can be incalculable.

Due to the complexity and different manifestations of this category of assault, it is difficult to determine the legal basis offering the most suitable protection. In the case of fraud committed using the computer belonging to another person, and resulting in material or financial gain for the perpetrator, a criminal complaint may be filed under art. 301 (Computer Fraud).  Another criminal offense, the unauthorized collection of personal data (art. 146), must be initiated via private lawsuit, and therefore the identity of the perpetrator must be known.  

If a case of identity manipulation leads to psychological harm, or damage to reputation or dignity, then compensation may be claimed using civil legal procedures. Before initiating this type of lawsuit, the identity of the perpetrator as well as evidence substantiating the claim of identity manipulation and resulting harm must be provided.

 

Identity manipulation is often tied to financial fraud and online theft. There are different ways you can protect yourself from these crimes: limit the amount of money that can be transferred to another account, or taken out via ATM at one time, use at least a two-factor authentication system for your finance-related logins, and destroy old bank and other identity cards with sensitive data. 

If you are a victim of identity manipulation, inform the police as soon as possible, notify the financial institutions or websites where you have accounts and temporarily block compromised bank accounts and/or cards. 

Timely risk assessment and digital hygiene are important means of  prevention and protection.

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FALSE ACCUSATIONS

As the result of structural power inequality, false accusations, even if proven untrue, have the potential to inflict serious and lasting reputational damage on the accused. 
 

This type of attack can also be considered a form of pressure on freedom of expression, and it is difficult to ensure protection in this case. 

In the case that a false accusation results in the endangerment of safety, protection under art. 138 of the Criminal Code is available. In this case, public prosecutors and police are mandated to follow up, investigate and responsible for protection. As the filing party, you are responsible for collecting evidence needed for filing the criminal charges. This charge provides stricter sanctions if the target is a (female) journalist.

ADVICE: Explain in detail how, why and when you feel unsafe, and detail your concern for the safety of your family and loved ones. These details could be the key to success when it comes to court proceedings.

For harm suffered in the form of damage to reputation and dignity, compensation may be claimed through civil legal proceedings initiated via a lawsuit. Before initiating this type of lawsuit, the identity of the perpetrator as well as evidence substantiating the claim of identity manipulation and resulting harm must be provided.

Document how false accusations have caused you harm. If accusations have been published online, request that the website or platform remove this information. 

If the amount of content posted becomes too much to collect, ask your friends, and family to help you document false accusations and report them to the websites or platforms. 

Publicly commenting on or calling out  accusations is another way to address the attack, but do a preliminary risk assessment to evaluate the potential for negative reactions and amplification of the false accusations. 

 

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FLAMING

Usually found on internet forums or reddit-style threads, flaming refers to the use of offensive language, swearing and other methods of provocation for the purpose of eliciting a response from or engagement with the target. The ultimate goal is to inflict humiliation, shame, and ruin the target’s credibility. 
 

There are a number of methods this type of  assault can be carried out, so several corresponding criminal acts could be considered as mechanisms for protection.

In the case of flaming that includes threats, in which art. 138 of the Criminal Code- Endangering safety could offer protection. In this case, public prosecutors and police are mandated to follow up, investigate and responsible for protection. As the filing party, you are responsible for collecting evidence needed for filing the criminal charges. This charge provides stricter sanctions if the target is a (female) journalist.

ADVICE: Explain in detail how, why and when you feel unsafe, and detail your concern for the safety of your family and loved ones. These details could be the key to success when it comes to court proceedings.

If flaming is offensive and disrespectful in nature, court proceedings can be initiated via private lawsuit, requiring the identity of the perpetrator.  

Flaming is often accompanied by a high volume of anonymous messages and comments, further complicating the process of pursuing legal protection.

Your physical safety is your highest priority! Make sure you are in a safe place.  Turn off the location tracking options on your devices, including Google Maps and other apps. 
In addition to documenting evidence , reach out to your family, friends and partners for support. If the flaming is connected to your work, talk to your colleagues and employer to come up with a response that works best for you. 
Flaming usually comes with a high volume of messaging and can be quite intense, so consider taking a break from the platforms or websites where the abuse is occuring. 

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GOOGLE BOMBING

Intentional optimization of inaccurate and malicious information on internet search engines (i.e. Google), with the objective of causing damage to the target’s dignity and reputation.

The criminal justice system does not explicitly prohibit this or identify it as a criminal act. From a technical viewpoint, Google bombing does not imply the misuse or manipulation of personal data. Rather it is seen as a misuse of the (Google) search engine. In certain cases, this type of assault can be prosecuted via Unauthorised Access to Computer, Computer Network or Electronic Data Processing (art.302 of the Criminal Code ). In this case, criminal charges, together with collected evidence  (screenshot  of the search results, analysis of the search optimization,etc), should be filed with the police.

For harm suffered in the form of damage to reputation and dignity, compensation may be claimed through civil legal proceedings initiated via a lawsuit. Before initiating this type of lawsuit, the identity of the perpetrator as well as evidence substantiating the claim of identity manipulation and resulting harm must be provided.

Because tools to modify search engine algorithms are widely available, almost anyone can alter search results. For this reason it is quite difficult to prevent or protect yourself from Google bombing.

Google has developed an extension for their search engine - Google Meet Bomb Guard that allows users to block all uninvited participants and generic gmail accounts from organized Google Meet groups.

Take a look at other available search engine extensions  that can help prevent this type of assault. 

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DOXXING

Publicly disclosing personal information about a target, such as home address, familial status, bank and credit card details, date of birth etc. This information can be posted on one or many different platforms, in comment sections, or via video or text. 

Regardless whether or not disclosed data is utilised for harassment, the unauthorized posting of data alone, qualifies as doxxing, and is viewed as a type of online attack. As is often the case, when doxxing creates an imminent danger to safety, art. 138 of the Criminal Code - Endangering safety - could provide legal protection. In this case, public prosecutors and police are mandated to follow up, investigate and responsible for protection. As the filing party, you are responsible for collecting evidence  needed for filing the criminal charges. This charge provides stricter sanctions if the target is a (female) journalist.

ADVICE: Explain in detail how, why and when you feel unsafe, and detail your concern for the safety of your family and loved ones. These details could be the key to success when it comes to court proceedings.

Art. 146 of the Criminal Code, Unauthorised Collection of Personal Data, which prohibits the collection, publication and use of data for purposes “other than those for which they are intended”, could provide the basis for legal protection. 

Document every instance and location in which your personal data was posted, and file this evidence with the police.

Immediately report doxxing and any other unauthorised publication of personal data to the websites or platforms where it was posted, and to the police. 

Follow-up on your report to better ensure they respond.  Immediate action is key to prevent further distribution of your personal information online.

Turn off location tracking options on your phone, Google maps, and other applications that collect your sensitive data (location, key address, etc). 

Put strict privacy controls on your social media profiles, and two-step authentication  systems for all website logins storing your sensitive data. 

Talk to the people you trust - colleagues, friends, employers. Urge the police to alert the platform to remove your personal data, and use website and platform reporting mechanisms. 
Deleteme is a tool that can help find and remove sensitive data online.

If you ever feel that the online violence you’re experiencing, might transition into the physical world, call the police → immediately. 

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