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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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HARASSMENT

Targeted assaults, lasting any amount of time, at a high intensity, that cause harm, intentionally exploiting vulnerabilities. Harassment is an attack on human dignity, reputation and privacy, with the goal of silencing and/or curtailing the target’s digital participation.

This is an umbrella term that covers different acts: from sexually explicit threats to varying degrees of privacy invasion. 

The structure of the digital ecosystem means that attacks may come from one person and via one platform, but spread via additional perpetrators/platforms as a cyber mob attack. Online harassment, as we see it on one platform, is often much more widely disseminated, and therefore, potentially more impactful.

It is of utmost importance to recognize that 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 .

In the case of cyber-mob harassment - potentially a huge volume of messaging, across multiple platforms and channels of communication - emotional support and practical help from friends and family is a key element of regaining a sense of safety.

The most effective prevention mechanisms are those grounded in a holistic approach to safety, including physical, mental and digital (with a crucial focus on consistent digital hygiene). Until digital hygiene and holistic principles of safety do not become a routine, it is crucial to continually undertake processes of risk assessment, such as to evaluate a potential offence - when it happened, why and from whom? If possible, you can request from your employer to connect you with a therapist, legal council or court representation if needed.

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. 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.

When you feel ready, you can work on improving your digital security and hygiene. Check DIY online safety guide and ZEN  and the art of making tech work for you. If you are a journalist check also this Totem course on online protection. If you want to learn more OnLine sos  is an excellent place to start as well as Feminist frequency, a detailed overview of different self-help mechanisms. 

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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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STALKING

The process of diligently and continually following someone’s activity online. The designation of stalking can be applied whether or not the stalker and target know one another in person.  Digital traces, data and other markers of our participation that show up on social media platforms and other websites have made stalking in the digital age a much easier task. As much as in the physical world, consequences on the targeted individual can vary, but could include an increased sense of insecurity, fear and the perception of an invasion of privacy.

Stalking, in the Criminal Code, is identified as a criminal offence (art. 138a), carrying that sanctions for not only the act of stalking but also for unlawful collection of someone else’s personal data, as a preliminary offence, prior to the instance(s) of stalking. However, the article does stipulate that to constitute stalking, the incident(s) must take place for a specified period of time. The intensity of stalking, and consequences felt by the target are not of critical relevance, but could be taken into account by the court during criminal proceedings.

If the incidence(s) of stalking fail to meet the time stipulates laid out in the Criminal Code art. 138a, then article 138 - Endangering safety - could also offer protections against acts that result in fear for one’s safety, and provides stricter sanctions if the target is a (female) journalist.  

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. 

It is easier than ever to conduct private surveillance of public digital spaces using a number of different methods. For this reason, it is important to ensure that your tech-devices (phones, computers, smart speakers/doorbells, etc) and check if options (e.g. location, privacy settings) are best protected (turning off location tracking, strict privacy setting) and limited in their ability to share private data. 

As with all types of assault, targets of stalking should inform friends, family, partners and colleagues about the harassment, so you have a bigger network of support. If online stalking moves offline, to the physical world, you should immediately inform police and request protection. 

Check out these resources for improving your digital safety.

Digital evidence Password Authentication Recovery account Phone/Tablet Location Safety Support Identity Computer/Laptop Criminal charges Stalking

RETALIATION AGAINST SUPPORTERS

Friends, family, partners, colleagues, employers, and other witnesses to the abuse, can be  targeted in the same or similar way as the original target. 

Retaliation can take many forms, so it can be linked to different criminal offences. If the assault results in the endangerment of safety, art. 138 of the Criminal Code  could provide a suitable legal basis for 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.

Assess as to if the assault could be qualified as offence, threat, harassment, doxxing, false accusation or another form of digital assault. Identifying the type of assault based on charges set out in the Criminal Code can increase your chances of success in accessing legal protections.

In addition to the many mechanisms of protection, a useful strategy for countering an assault is to publicly call out and condemn an attack without directly identifying or naming the perpetrator. If you opt for this tactic, assess the risk and continue to document  problematic responses, especially  if they are defamatory in nature. Surround yourself with friends, family and colleagues:  safety is in numbers.

Digital evidence Password Authentication Recovery account Phone/Tablet Location Report to platform Safety Support Computer/Laptop Criminal charges