The internet and digital technology have opened new possibilities for human progress and also new opportunities for harm. Perpetrators exploit limited regulation and the borderless nature of the internet to groom, harass, extort, traffic, and violate their victims within and across jurisdictions with greater ease and impunity.
The UN describes tech-facilitated gender-based (TFGBV) as any act of violence that is committed, assisted, aggravated, or amplified through the use of information and communication technologies (ICTs) or digital tools, targeting individuals based on their gender.
Online sexual exploitation and abuse (OSEA) is a core manifestation of TFGBV and encompasses many sexually exploitative and harmful behaviors that occur online, including:
Technological advancements and the internet have also made it easier to groom, recruit, and sexually exploit and abuse with impunity. Predators are increasingly using social media and online gaming platforms to target potential victims because these platforms offer anonymity and operate under very limited regulation.
The rise in Artificial Intelligence (AI) and machine learning systems exacerbates these challenges and, more so, without sufficient human rights safeguards, replicates and magnifies biases that fuel misogyny and racial and religious divisions. These systemic inequalities disproportionately affect women and girls, leaving them particularly vulnerable to online violence, discrimination, and violations of their rights. Algorithmic-driven behavioral targeting is driving more young men into pathways that lead to increasingly violent misogynistic behavior and dangerous ideologies, which give rise to increased gender based violence against women and girls, online and offline.
Women and girls are particularly vulnerable as offenders take advantage of the sex, gender, and structural discrimination inherent in our patriarchal society, and the economic inequality that makes them vulnerable to exploitation and abuse.
Laws and policies need to be strengthened to better respond to the technological dimensions of trafficking.
The growing misuse of digital technology and the internet is facilitating the recruitment and sale of children. Traffickers exploit online platforms, social media, and the dark web to recruit and exploit children, utilizing technology to evade detection, reach wider audiences, and disseminate exploitative content.
Equality Now’s report on online sexual exploitation and abuse (OSEA) found that a lack of consistent legislation and internationally adopted laws pertaining to OSEA makes obtaining legal recourse extremely challenging.
TFGBV is a global, gendered, multijurisdictional, and multidimensional problem that requires coordinated responses from governments and the international community. National efforts, including laws, have to be supported by strong, interconnected international efforts. The global response is critical to ensuring adequate protection for all people everywhere.
To address OSEA, a main form of TFGBV, action must be taken by regional and international bodies, national governments, and digital service providers and platforms:
Many laws protecting users from online harm are often criticized for undermining the right to freedom of expression, a foundational right to digital expression and participation. However, freedom of expression and safety online are not mutually exclusive. The freedom of expression of those who are harmed is impacted by harms online, when perpetrators use exploitation and abuse as a weapon to shut down women’s voices and participation online.
The right to privacy is another pillar of a well-functioning internet. This includes protecting personal data and the confidentiality of communications. However, online anonymity should not be used to shield abusers from being identified when they commit harms online. A well-functioning internet must respect users’ rights to freedom of expression, privacy, and protection from harm. This means that alongside the rights to privacy and expression, people also have the right to freedom from harm, including from OSEA.
These rights can conflict in practice, raising fundamental questions about balancing these competing rights in law, policy, and practice. This challenge extends to digital service providers and platforms, especially in how they detect and remove sexually exploitative and abusive content.
The International Covenant on Civil and Political Rights (ICCPR) provides a legal framework for limiting freedom of expression in narrowly defined circumstances, such as to protect the rights and reputations of others, national security, public order, or health. This is called the proportionality test. These permissible limitations are widely reflected in regional treaties and national constitutions and are governed by the proportionality test, which requires that any restriction must be:
Courts in multiple jurisdictions have used the proportionality test to justify targeted limitations on harmful content, such as CSAM and other forms of OSEA. This reinforces the understanding that freedom of expression, privacy, and freedom from harm can coexist.