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The misuse of reporting or flagging mechanisms, or false claims of copyrights infringement or other violations of Terms of Service or Community rules and regulations on social media platforms, for the purpose of blocking, suspension or preventing more extensive digital participation.

Regaining control over your online profiles is often a burdensome process. Suspension appeal procedures on many social media platforms are costly - both in terms of time and resources. Even when appeals are successful, initial false reports will have also succeeded in keeping a target offline for various amounts of time. 

The most well-known case of false reporting (for violations of terms and services on a social media platform) in Serbia is the  suspension of the official profile of an Ombudsperson on YouTube:

https://resursi.sharefoundation.info/sr/resource/kako-mreze-ureduju-javni-prostor-youtube-protiv-ombudsmana/

Digital evidence Report to platform Tactic Identity Pressure

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.

Digital evidence Report to platform Block user Reputation Tactic Criminal charges

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.

Password Authentication Recovery account Digital hygiene Phone/Tablet Encryption Malware Location Report to platform Block user Safety Support Sexual Harassment Computer/Laptop Criminal charges

Because harassment comes in many shapes and forms, it can be reported as a number of different criminal offenses. 

Sexual harassment (art. 182b of the Criminal code) explicitly mentions verbal forms of assaults, but necessitates the filing of a motion to initiate criminal proceedings with the Public prosecutor. In other words, 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 harassment. 

Endangering safety, one of the many consequences of harassment, under art. 138 of the Criminal Code, provides another 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 option is  especially relevant for (female) journalists.

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.

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There is always an inherent risk that online harassment will transition to the physical world. For this reason, physical safety is a crucial precondition for any other form of meaningful protection. In terms of mental protection, sometimes it is helpful to take a break or minimize time spent on social media platforms, or those platforms of communication where you are targeted with harassment. Talking to friends, family, partners and colleagues about harassment can also be helpful in creating a system of support. 

Blocking  , filtering and reporting options on social media platforms can often serve as a helpful tool for documenting harassment. 

The DeleteMe tool can help find and remove your personal information from some websites. 

Reaching out for support professional associations and support groups is another method for dealing with harassment. 

Several investigative journalists and their networks track down perpetrators of online harassment by analysing their digital footprint. This has been an effective mechanism for not only the identification of perpetrators, but also exposing them and their crimes to public scrutiny. 

In Serbia, female journalists can find support through the initiative “Female Journalists against violence”, and dozens of other feminist organizations that offer services for individuals targeted with violence, including online.

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

Password Authentication Recovery account Digital hygiene Phone/Tablet Encryption Malware Location Report to platform Block user Safety Support Sexual Harassment Computer/Laptop Criminal charges

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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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. 

 

Damage Report to platform Reputation

Endangering physical and emotional safety and wellbeing by calling for violence against a particular person or group of people, including threats of rape and other forms of gender-based violence.
 

Threat is a serious form of assault and one that should be urgently addressed to best prevent it from being realized in the physical world. Report each and every threat to the police and the public prosecutor. 

As threats often cause fear and insecurity, art. 138 of the Criminal Code - Endangering safety - provides a suitable legal basis for initiating mechanisms of 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 is especially relevant for (female) journalists, as this charge provides for a higher sanction. 

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.

In addition to reporting threats to police and digital platforms, inform your employer and document them . 

If you can, protect your mental health by taking a break from social media platforms, especially those spaces that can cause additional stress or fear for your safety. Create a network of support to help take over some of the work documenting the threats. Again, prioritize your physical safety above all else and 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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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.

 

Report to platform Reputation Tactic Safety Criminal charges

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. 

 

Damage Report to platform Reputation Tactic Support Media Criminal charges

In case someone is impersonating you through a fake email or social media account, or if you are a subject of online harassment such as smear campaigns, threats, spreading hate speech or stalking, you should use the “Report” option to inform the platform about this issue. When you report the profile or message in question, you usually get an option to mark the appropriate violation of your rights and platform Terms of Service (impersonation, harassment, etc.). You can find more details on the American PEN Center website.

To prevent further harassment, it is also highly advisable to block the user(s) in question .

Digital evidence Report to platform Block user Data leaks Cybercrime

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. 

Digital evidence Digital hygiene Browser Damage Report to platform Reputation

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. 

Digital evidence Password Recovery account Digital hygiene Phone/Tablet Location Report to platform Data leaks Reputation Safety Sexual Harassment Identity User account Computer/Laptop Criminal charges

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