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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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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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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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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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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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