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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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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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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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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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